Wage and Hour Violations in the Time of Coronavirus
Posted May 20th, 2020 by Danielle Fuschetti and Michael Palmer in Wages and Overtime Law.
The coronavirus pandemic is changing the face of work. Many employees are working from home, while others are putting in double-time in essential roles. As the economy reopens, employers have implemented and will continue to implement measures designed to limit the spread of Covid-19. At their best, these myriad changes may make employees safer and […]
Wait, Don’t They Have to Pay Me for That?!: The Compensability of Pre- and Post-Shift Screenings
Posted February 19th, 2020 by Michael Palmer in Wages and Overtime Law.
Imagine the following: You show up to work at your employer’s. They require you to enter on the other side of the building, far away from your workstation. At this distant entrance, you stand in a long line as your employer’s security guards do bag checks. After 30 minutes of waiting and being searched, you […]
Confronting Age Discrimination in America
Posted April 23rd, 2019 by Michael Palmer in Age Discrimination.
Americans are growing older. According to the U.S. Census Bureau, the current median age for an American is 38, and it is expected to rise to 40 by 2030.[1] In other words, by 2030 the number of Americans who are 40 and above will equal the number of Americans who are younger than 40. At […]
Unpaid Wages: Not a Trifling Matter
Posted December 11th, 2018 by Michael Palmer in Wages and Overtime Law.
“The law does not concern itself with trifles.” It’s one of those statements that sounds both reasonable and definitive. Indeed, it’s an English translation of a Latin maxim that traces back hundreds of years – “de minimis non curat lex.” I was recently reflecting on this concept – sometimes called the “de minimis” doctrine – […]
Attention Minimum Wage Workers: Look to Your State Laws
Posted July 20th, 2018 by Michael Palmer in Wages and Overtime Law.
By law, employees in the United States must be paid a base minimum for their work performed. However, this protection varies widely depending on the state in which the employees are working. The federal Fair Labor Standards Act (FLSA) provides the baseline protection for employees. Regardless of state, employers generally must pay their employees at […]
Tipped Off: Recent Developments in Federal Wage Law Affecting Tipped Employees
Posted April 9th, 2018 by Michael Palmer in Wages and Overtime Law.
The federal Fair Labor Standards Act (FLSA) generally requires that employers pay employees at least $7.25 per hour. One of the few exceptions to the rule is “tipped employees” – including waiters, bartenders, and other employees who regularly receive gratuities for performing their jobs. The FLSA allows employers to subsidize the minimum wage paid to […]
Constructive Discharge: When a Resignation is Really a Firing
Posted September 20th, 2017 by Michael Palmer in Employment Discrimination.
We all know that resignations are not always by choice. For example, it is hardly voluntary if an employer tells a worker that she can either resign or be fired. But even resignations which at first blush appear voluntary may legally be no different than a firing. The term is “constructive discharge.” Contrary to the […]
New York City Fast Food and Retail Workers Look Forward to Fair Scheduling and Work Hours
Posted June 6th, 2017 by Michael Palmer in Wages and Overtime Law.
New York City workers and employee advocates cheered as the city last week passed legislation designed to protect some of its most vulnerable workers. After being approved by the City Council on May 24, Mayor Bill de Blasio signed the Fair Work Week legislative package into law on May 30, 2017, stating that “thousands of […]