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So far hymowitzlaw has created 13 blog entries.

Stella Orton Home Health Care Workers Overtime Class Action

By | November 22nd, 2016|Uncategorized|

A groundbreaking wage and hour class action seeking overtime wages for more than 1,200 home health care workers. This class action alleges that Stella Orton—a company that places home health aides and other health care workers with patients in need of in-home care—has been illegally withholding wages from over 1,200 workers throughout New York for [...]

Wage Theft Protection Action Amendment Passed in New York

By | June 23rd, 2014|Acquisitions, Financial, Taxes, Uncategorized|

Last weeks, New York state assembly passed a bill that amends certain sections of the Wage Theft Act enacted in 2010.  Most of the provisions are pro-employee.  In fact, the purpose of the bill according to the assembly is “to provide additional protections for employees against wage theft.”  The bill will come into effect 60 [...]

Who is entitled to overtime pay?

By | June 10th, 2014|Uncategorized|

Presently, under the Federal Law, workers are entitled to overtime pay after 40 hours of work in a week, unless they fall into one of many exceptions, which are interpreted narrowly.  The exceptions are numerous, but they can be broadly categorized as follows: Highly compensated professionals, executives, and administrators Computer professionals Executives, Administratives, Professionals Salespeople [...]

If employer violates the law, what should I do?

By | May 14th, 2014|Uncategorized|

Generally, people want to do the right thing.  There is little doubt about what you should do if you work at a baby formula factory and the employer dilutes baby food with rat poison.  However, not many situations are as obvious as this one.  Typically, the violations of law that an employee may see are [...]

Employer contesting unemployment benefits.

By | May 6th, 2014|Uncategorized|

After you fill out your application for unemployment benefits, the Labor Department sends a letter to your former employer, where the employer needs to verify a few items. Most of the items, such as the dates of employment and your salary, are trivial. After all, these items are of the factual nature and can be [...]

The deadline is looming on your unpaid wages.

By | April 30th, 2014|Uncategorized|

Here you are: your employer did not pay you or paid you less than you earned.  How quickly should you react? Under the federal law, you have 2 years to sue your employer.  You will not be able to recover on the employer’s wage violation that are older than 2 years.  For example, you work [...]

Illegal aliens HAVE rights under the U.S. employment laws.

By | April 29th, 2014|Uncategorized|

We get many questions about the level of protection that illegal aliens, or more broadly, people without work authorization in the United States, get under the law.  In general, illegal aliens do not get the same level of protection.  But in the most frequent scenario, which involves violations of minimum wage and/or overtime laws, illegal [...]

How to recover your wages from an insolvent corporation.

By | April 23rd, 2014|Uncategorized|

In New York, small businesses open and close all the time.  These small businesses provide opportunity for workers to gain employment and make a living.  The problems begin when a small business is struggling and is about to fail.  Unfortunately, the small business owner starts “cutting corners.”  And one of the first places is to [...]

Can they really fire me for no reason if I am an at-will employee?

By | April 18th, 2014|Uncategorized|

While we see the at-will wording became now standard in virtually any contract and employee handbook of our clients, in some instances, there still could be a way out of this catch-all “reason” for termination. First, to get the picture, the counterpart of the at-will employment would be a contract-based employment, meaning that such an [...]