The benefits between a class action and an individual suit really vary on each particular case. Class actions are particularly beneficial where you have individuals who do not necessarily have large claims individually but collectively have substantial claims. And that then provides us with sufficient leverage to bring...

In recent years, a number of high-profile restaurant chains have settled lawsuits over unpaid wages. While many think of wage theft in terms of employers withholding pay or skimming hours, wage theft in the restaurant industry typically involves unpaid overtime and tip violations. In fact, Labor Department statistics show that restaurant industry has one...

In case you were not aware, the minimum wage is set to increase again throughout the State of New York on December 31, 2018. Legislation was included in the 2016-17 state budget enacting a plan to raise the minimum wage to $15/hour by 2020 in all industries. The first wage increases went into effect...

The Fair Labor Standards Act exempts from its overtime requirements “employers engaged in the business of operating taxicabs.” The operative question then becomes whether the business meets this definition. Many courts rely on the following U.S. Department of Labor “taxicab business” definition to answer this question: The taxicab business consists normally of common carrier transportation in...

President Trump recently amended the federal wage and hour law, to prohibit managers and supervisors for participating in tip pooling arrangements under any circumstance, whether or not the employer takes a tip credit (i.e., employers pay less than full minimum wage and employees earn the difference in tips).  In other words, employers, including managers...

Is it legal for restaurant owners to distribute tips to non-tipped employees? Tips make up a large percentage of most restaurant workers pay.  In New York City, the minimum cash wage for food service workers is presently set to $8.65 per hour for larger employers and $8.00 for smaller employers.  Tipped workers must receive at...

New York City Freelancers Will Soon Have Much More Protections Under The Apt-Named Freelance Isn’t Free Act. Catchy. On November 16, 2016, Mayor Bill de Blasio signed into law the Freelance Isn’t Free Act. This Act sets forth requirements when hiring freelance workers, also known as independent contractors. Act becomes effective on May 15, 2017. The...

Can I Be Asked About My Current Salary During An Interview? Is It Legal To Ask An Applicant’s Salary History? No. The New York City Human Rights Law now prohibits employers, employment agencies and their agents from the following: Inquiring about an applicant’s salary history. Relying on an applicant’s salary history to determine the salary,...