Working for Justice

Wages and Overtime Law

Broad Scope of Standing Available for California Employees in PAGA Suits

Posted January 12th, 2019 by in Wages and Overtime Law.

California’s Private Attorney General Act of 2004 (“PAGA”) has provided employees injured by their employer’s Labor Code violations with an opportunity to seek statutory penalties on behalf of him or herself and on behalf of other aggrieved employees.  This law famously allows an individual employee to stand in the shoes of the government agency that […]

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Unpaid Wages: Not a Trifling Matter

Posted December 11th, 2018 by 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 – […]

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Attention Minimum Wage Workers: Look to Your State Laws

Posted July 20th, 2018 by 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 […]

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District of Columbia Voters Approved Eliminating the Tipped Minimum Wage in an Effort to Combat Wage Theft, but the Popular Measure May be Annulled

Posted July 16th, 2018 by in Wages and Overtime Law.

Hourly workers’ paychecks can be unpredictable, varying drastically depending on their hours. Unscrupulous employers exploit this variance to short hourly employees of their full wages for their labor, often undetected. Tipped workers in most states are uniquely vulnerable to wage theft.  Most tipped workers earn a reduced hourly rate – in Washington, D.C., the tipped […]

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Wages and Overtime Law: A Return to the Past Courtesy of the U.S. Supreme Court

Posted June 4th, 2018 by in Wages and Overtime Law.

During the United States Supreme Court October Term 2017, the Court delivered a 1-2 punch against workers and their right to earn overtime pay with its decisions in Encino Motorcars, LLC v. Navarro et al. and Epic Systems Corp v. Lewis (decided together with Ernst & Young, LLP et al, v. Morris et al., and […]

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Tipped Off: Recent Developments in Federal Wage Law Affecting Tipped Employees

Posted April 9th, 2018 by 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 […]

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Weren’t More White Collar Workers Supposed to Be Eligible for Overtime Pay?

Posted September 26th, 2017 by in Wages and Overtime Law.

You may remember that about a year a half ago, the Department of Labor, under President Obama, issued a rule that was going change what’s called the “salary level” for “white collar” workers. The salary level is part of the federal overtime rules. Those rules basically say: if you’re a white collar worker and you […]

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New York City Fast Food and Retail Workers Look Forward to Fair Scheduling and Work Hours

Posted June 6th, 2017 by 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 […]

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Under NYC’s Freelance Isn’t Free Act, Freelance Workers Can Recover for Late/Unpaid Wages and Retaliation

Posted May 31st, 2017 by in Wages and Overtime Law.

On May 15, 2017, the Freelance Isn’t Free Act went into effect in New York City, providing freelance workers with a statutory basis to recover in court for late or unpaid wages, retaliation, or other violations of the Act. Subject to a few exceptions, the Act applies to any individual (regardless of immigration status) who […]

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Tell-Tale Signs of Independent Contractor Misclassification

Posted April 17th, 2017 by in Wages and Overtime Law.

Uber. Lyft. Instacart. Caviar. Homejoy. It seems hardly a month passes without news about a lawsuit alleging that these on-demand gig-economy services are ripping off their workers.  Uber and Lyft alone have been sued in dozens of lawsuits alleging that they misclassified their drivers as independent contractors.  Some drivers who sued Uber reached a class […]

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