Wage Hour Law

Companies often misclassify employees as independent contractors to avoid paying them the wages and benefits the law requires. While this is often seen in industries like trucking and the gig economy, many other types of workers are misclassified. Independent Contractor vs. Employee The issue of whether someone is an independent contractor or employee is largely…

On February 28, 2023, the Court granted plaintiffs’ renewed motion for conditional certification and to issue notice to the class. The plaintiffs allege that they were misclassified as exempt under the federal and state overtime laws, were paid a salary, but not overtime wages when they worked more than 40 hours in a week. Judge…

Last week the NY Department of Labor finalized new overtime regulations for farmworkers that ensure overtime pay at the rate of time-and-one-half for all hours worked after 40 in a week. The prior regulation required overtime pay after 60 hours. The new regulation will be implemented slowly, with a reduction of the overtime threshold from…

Home health aides who work 24-hour shifts may be due unpaid overtime wages and other damages. Home Health Aides Are Due Minimum & Overtime Wages Home Health Aides employed by an agency to work in private homes perform essential work for our sick and elderly. And the job is really tough. Unfortunately, Home Health Aides…

Yesterday, the US Supreme Court held that an oil rig worker who was paid a day rate to be non-exempt and thus entitled to overtime wages under the Fair Labor Standards Act. This means that workers who are paid a day rate don’t meet the salary requirement for the executive exemption, regardless of how much…

The NY Times recently highlighted a new trend in wage theft – misclassifying workers as managers, and then the employers claim the managerial exemption and deny workers overtime pay. “The extent to which employers game the overtime system was made starkly clear in January in a working paper published by the National Bureau of Economic…

The Biden-Harris Administration has announced a new initiative in which the Department of Labor and the Department of Transportation are working together to address workforce challenges in the trucking industry, including high turnover rates, long hours away from home, time spent waiting–often unpaid–to load and unload at congested ports, warehouses, and distribution centers, and predatory…