Wage and Hour Issues

A chain of three full-service restaurants in Nassau and Suffolk Counties, and their president, will pay $1,085,752 in back wages, interest and liquidated damages to 255 employees, according to the terms of consent judgments obtained in federal court by the United States Department of Labor.  Asian Moon Restaurant of Massapequa Park Inc., Asian Moon Restaurant […]

            Pre-employment training is a generally not covered by the FLSA, and thus not compensable.  Depending on the structure of such a program, its participants may not even considered “employees”, and thus may not be covered by the FLSA.  That determination will depend on all the circumstances surrounding the individual’s “training.”             The United States

          Employers often ask me when it is necessary to pay employees for training time.  The question has obvious effects on a company’s bottom line, as well as its relationship with its employees.  In addition, if such training time is compensable, and if it brings the employee’s total work hours over forty (40) per week,

          Two owners of a Mexican restaurant chain in the Southwest were arrested last week and charged in federal court of knowingly hiring illegal immigrants as kitchen workers and committing tax fraud by paying them off-the-books.  Specifically, the charges range from the unlawful hiring and harboring of illegal aliens to conspiracy to defraud the IRS

            On December 13, 2010, New York Governor David Paterson signed into law the “Wage Theft Prevention Act”, which provides new and expanded protections for workers under the New York State Labor Law.  The new law will become effective  in 120 days, or on or about April 12, 2011.             New York State Labor Law

          Workplace breaks in New York are governed by New York State Labor Law §162.   Pursuant to that statutory section, every person employed at or in connection with a factory must be given a sixty (60) minute (i.e. one hour) break for the noon day meal.  Employees employed in connection with a mercantile (i.e. a

          In late August, 2010, the U.S. Department of Labor’s Wage and Hour Division announced that The Walt Disney Company has agreed to pay backpay in the amount of $433,333.00 to 69 inventory control clerks in its food and beverage department.  This was for work done before and after the employees’ regular shifts, during meal

          A New York City judge has ruled that two beauty salon employees who claim they were fired in retaliation for complaining that they had been denied overtime pay have stated a claim for damages under the New York State Labor Law.  In doing so, the court overruled an appeal’s court precedent in a similar

            The United States Supreme Court has agreed to review the question of whether an oral complaint of a violation of the Fair Labor Standards Act (FLSA) is considered “protected” conduct under that statute’s anti-retaliation provision.             Section 215(a)(3) of the FLSA states, in part, that it is unlawful for an employer to discharge or