New York State is considering a wage change for tipped workers. The change would prohibit employers from paying tipped workers less than the minimum wage. If New York adopts the wage change it would be the eighth state to do so, joining Minnesota, Montana, Washington,...
Wage And Hour Claims
Restaurant workers lobby for higher wages
by Kessler Matura P.C. | Feb 22, 2018 | Wage And Hour Claims
Long Island restaurant workers may start making more per hour since a number of state lawmakers, including Gov. Andrew Cuomo, are considering raising the minimum wage in this industry. New York is one of several states that pays restaurant workers more than the...
Former employee sues Vice over pay discrimination claims
by Kessler Matura P.C. | Feb 16, 2018 | Wage And Hour Claims
A woman formerly employed by New York City-based Vice Media filed a pay discrimination lawsuit against the company on Feb. 13. The suit alleges that Vice pays female employees less than male employees for doing similar work. According to the lawsuit, the plaintiff...
How some employers use job titles to avoid paying overtime
by Kessler Matura P.C. | Jan 31, 2018 | Wage And Hour Claims
Many people strive for upward mobility at work, and positions in management are often highly coveted. Many workers assume that a management role will come with more responsibility, more respect and, ideally, a bigger paycheck at the end of the week.However, this is...
The battle for wage theft continues after court victories
by Kessler Matura P.C. | Jan 9, 2018 | Wage And Hour Claims
New York State law makers are pushing for legislation to protect low wage workers. The bill would prevent employers accused of wage theft from selling assets and claiming bankruptcy to avoid having to pay employees back pay. An old bag of tricksWhen...
Higher paid workers may be entitled to FSLA mandated overtime pay
by Kessler Matura P.C. | Dec 26, 2017 | Wage And Hour Claims
The Fair Labor Standards Act requires employers in New York and around the country to pay their workers an overtime rate of at least one and a half times their regular hourly rate when they work more than 40 hours during a standard workweek. The landmark 1938 law does...
The factors in employee classification cases
by Kessler Matura P.C. | Dec 20, 2017 | Wage And Hour Claims
The question of whether a particular worker is an employee or an independent contractor is an important one in courts in New York and around the country. In most states, the court will examine a number of factors to determine the status of the worker, with the primary...
Workers cannot be required to repay draws on commission
by Kessler Matura P.C. | Dec 18, 2017 | Wage And Hour Claims
The Fair Labor Standards Act provides certain protections to workers in New York, including the establishment of a minimum wage and overtime pay rules. Some salespeople who work on commission are paid draws on their future commissions in weeks in which they do not...
The minimum wage increased again. Are you getting paid enough?
by Kessler Matura P.C. | Dec 3, 2017 | Wage And Hour Claims
New York enacted a law that requires the minimum wage to increase every year until it reaches $15 an hour. The increase is triggered at the end of the calendar year.With the annual increases, it is important to stay on top of your pay every year and make sure your...
Workers prevail in pay-docking lawsuit for short breaks
by Kessler Matura P.C. | Oct 30, 2017 | Wage And Hour Claims
New Yorkers are protected under state and federal laws while they are working. Among these laws is a provision that they must be paid for all breaks that last 20 minutes or less. In a recent case in the U.S. Court of Appeals for the Third Circuit, an employer was...
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