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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Has your employer ever pay you wages without providing you with a pay stub? If yes, the employer was violating New York State law. N.Y. Labor Law § 195 states: “Every employer shall: . . . (3) furnish each employee with a statement with every payment of wages, listing the following: the dates of work [...]
