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How To Get The Deep Pockets "On The Hook": Establishing Individual Liability For Unpaid Wages [Part I]

Posted by Adam Braverman | Jun 18, 2019 | 0 Comments

When an employee decides to sue for unpaid wages, a key consideration is to get as many parties as possible “on the hook” to maximize the probability of recovery. The law establishes a wide definition of “employers” who are liable for unpaid wages, with the key test being whether a subject individual had operational control over an employee's pay and terms of employment. Though the definition is wide, there are limits, and not everyone involved in the business will be deemed to be an "employer."

TIP-POOLING ALLEGATIONS RESULT IN $5 MILLION JUDGMENT

Posted by Adam Braverman | May 24, 2018 | 0 Comments

About 1,500 employees of 17 different Houlihan's restaurants in New York and New Jersey brought allegations against the two companies that owned the franchises, claiming the owners cheated them out of wages to which they were entitled under federal wage laws from 2013 to 2015. The employees com...

WHAT DOES UNLAWFUL RETALIATION LOOK LIKE?

Posted by Adam Braverman | May 10, 2018 | 0 Comments

Employers often have the right to take adverse actions against employees, which may include disciplinary action for misconduct, denial of a raise due to lack of productivity, or even termination under New York's at-will employment laws. However, employers may not take adverse action for reasons t...

THE SUBSTANTIAL GENDER PAY GAP AMONG U.S. DOCTORS

Posted by Adam Braverman | Apr 26, 2018 | 0 Comments

Despite federal and state laws requiring men and women to receive the same amount for pay for equal work, pay disparity between the genders still persists across many industries. The medical industry is no different. In fact, a new study exposes the wide pay gap is between male and female docto...

CAN AN EMPLOYER MAKE YOU WAIT TO CLOCK IN?

Posted by Adam Braverman | Mar 08, 2018 | 2 Comments

Employers often try to limit payroll costs by limiting shift lengths and preventing overtime in employee schedules. Some of these means are legal. Others are not. Time in, Time Out Many employers make their employees wait to clock in until their assigned shifts begin. Employees may wonder if ...

PROPOSED CHANGES REGARDING TIP-SHARING

Posted by Adam Braverman | Feb 15, 2018 | 0 Comments

Both the federal Fair Labor Standards Act (FLSA) and New York law set out wage requirements for employees. Specific rules govern employees who earn tips since the nature of how they are paid is so different than traditional hourly employees—specifically, the rules regarding tip-pooling, which i...

CAN A RESTAURANT PAY ITS WORKERS A FLAT WEEKLY SALARY?

Posted by Adam Braverman | Jan 18, 2018 | 0 Comments

Business owners—especially small business owners—often try to come up with creative payment schemes for their employees. While owners may make it seem like such payment arrangements are in the employee's best interest, these arrangements often violate New York City wage laws and may deny an emp...

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