Posted by Adam Braverman | Jun 18, 2019 |
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."
Posted by Adam Braverman | Mar 12, 2019 |
If you are being paid in equity, such as stock options or "profits interests," instead of cash wages, you most likely have a wage and hour claim. The exemptions from minimum wages and overtime do not apply where no wages are being paid.
Posted by Adam Braverman | Feb 13, 2019 |
TV production workers received $226,000 in unpaid overtime, in a case involving unpaid overtime for numerous production assistants and associate producers who worked long hours on Bad Ink and Man v. Food.
Posted by Adam Braverman | May 24, 2018 |
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...
Posted by Adam Braverman | May 17, 2018 |
JPMorgan Chase is a leading financial services company worldwide and is the largest bank in the United States. Despite its financial prowess, however, the bank is paying out millions of dollars to employees in California and New York who claim their employer violated labor laws. Three separate ...
Posted by Adam Braverman | May 10, 2018 |
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...
Posted by Adam Braverman | May 03, 2018 |
The City University of New York (CUNY) is the largest public university system in the United States. CUNY relies on third-party contractors and subcontractors to provide food services in cafeterias and coffee shops for its thousands of staff members and hundreds of thousands of students across 24...
Posted by Adam Braverman | Apr 26, 2018 |
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...
Posted by Adam Braverman | Apr 19, 2018 |
A recent decision out of the United States Court of Appeals for the Second Circuit may help influence the extension of federal anti-discrimination protections to employees across the United States. Specifically, the court ruled that sexual orientation discrimination is a form of sex discriminat...
Posted by Adam Braverman | Apr 12, 2018 |
A Fairfield, Connecticut, restaurant has entered into a consent judgment requiring it to pay $247,992 for various wage and hour violations, according to a news release issued by the U.S. Department of Labor.
An investigation conducted by the department concluded that Vinny's of Fairfield Inc.,...
Posted by Adam Braverman | Apr 05, 2018 |
Legal claims filed by employees can present serious issues for employers in the New York City area. Not only can they result in costly litigation, they can also leave a significant impact on employee morale in general and the way that the public perceives your company.
Fortunately, a well-crafte...
Posted by Adam Braverman | Mar 22, 2018 |
Many American workers are familiar with the Family Medical Leave Act, which protects an employee's right to take as many as twelve weeks of unpaid leave without losing a job. Unfortunately, some workers are not aware that they may take further medical leave without losing a job and that other f...
Posted by Adam Braverman | Mar 15, 2018 |
For New York Construction workers, every dollar is hard-earned. Yet harder still is the realization that their employers may have cheated them out of their lawfully earned wages. The construction industry is rife with employers who violate the law by not paying employees properly. There are some ...
Posted by Adam Braverman | Mar 08, 2018 |
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 ...
Posted by Adam Braverman | Mar 01, 2018 |
Many employees in the hospitality industry rely on tips to supplement their incomes. For some, tips may even become a primary source of income—so employees must protect this source of income and not allow an employer to improperly restrict or redirect it.
In certain circumstances, an employer ...
Posted by Adam Braverman | Feb 15, 2018 |
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...
Posted by Adam Braverman | Jan 25, 2018 |
Many people in and around New York City make their living by working as a nanny or as another type of domestic worker in someone's home. When you work for a family directly, your employer can easily violate wage and hour laws, since that family is not a company and may not feel concerned about co...
Posted by Adam Braverman | Jan 18, 2018 |
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...
Posted by Adam Braverman | Jan 11, 2018 |
Servers and delivery people for restaurants in New York City rely on tips for the majority of their incomes. They often base their idea of a successful shift not on the number of hours they worked but on the amount of tips they earned. Because tips are such a large part of a server or delivery ...
Posted by Adam Braverman | Jan 05, 2018 |
All too often, employees and employers alike believe that commission-based employees are not entitled to receive overtime pay. Commission-based employees often work long hours, however, so the benefit of overtime pay could mean a significant increase in their overall earnings. Even if your employ...
Posted by Adam Braverman | Dec 28, 2017 |
No one likes working when they are tired or hungry, and productivity—as well as sanity—can suffer under such conditions. The law recognizes that in certain situations, employees deserve breaks to rest from work and eat a meal. Federal and state laws vary in the requirements for paid or unpaid b...
Posted by Adam Braverman | Dec 21, 2017 |
The title of executive chef has a nice ring to it for many people who have worked themselves up the restaurant industry ladder. In a recent case handled by Braverman Law PC, however, an employer used this title to deny a kitchen staff member overtime wages.
Our firm represents employees whose ...
Posted by Adam Braverman | Dec 14, 2017 |
Are you a delivery driver forced to “buy” your own route? Your employer may owe you significant back wages and other damages. A common employer scheme classifies delivery drivers as independent contractors, rather than employees. Sometimes the driver is forced to sign a distribution agreement. ...
Posted by Adam Braverman | Dec 07, 2017 |
While no specific federal law protects employees from discrimination and harassment based on sexual orientation, the Equal Employment Opportunity Commission (EEOC) has long advised that Title VII's sex discrimination protections prohibit this type of action. Our nation's highest court has yet to ...
Posted by Adam Braverman | Nov 23, 2017 |
This past May, Mayor Bill de Blasio signed into law new legislation called the “Fair Workweek” laws that will provide significant protections for retail and fast food workers in New York City. Both industries are notorious for scheduling issues regarding employees—including requiring employees to...