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wage and hour Archives

Volunteering by public employees must follow FLSA rules

New York public employees covered by the Fair Labor Standards Act's wage and hour rules should be careful that any volunteer work they undertake for their employer doesn't run afoul of those guidelines. Many volunteer situations are not allowed under FLSA's rules for severance, commissions and bonuses. The activities not included could result in the employee volunteer's organization being cited for a failure to pay for work performed. This is intended for the protection of both workers and employers.

The gig economy and worker misclassification

Companies like Uber and GrubHub have made life easier for many New York residents, and they have put money in the pocket of many workers as well. However, it has led to a question as to the classification of these workers, and a California federal district court is the scene of a trial on this very matter.

After-hours emails and phone calls may be compensable time

Some New Yorkers continue to do work for their employers after they have gotten off of work and returned home. This may include responding to emails, returning calls and other tasks. If these employees are considered to be non-exempt under the Fair Labor Standards Act, their off-duty emails, phone calls and texts may be compensable under the labor laws.

Restaurant workers and the 80/20 Rule

New York employees in tipped occupations such as waiting on tables should be aware of the 80/20 rule, which requires minimum wage payment for certain activities by tipped workers. Under the Fair Labor Standards Act, if an employee performs two jobs, one that is tipped and one that isn't, the employer is in many cases required to pay minimum wage for the non-tipped work.

Dealing with wage disparity in the workplace

New York employees expect to get paid fairly for their work, especially if they have been employed by a particular company for several years. However, there are cases when employees discover that newer hires earn significantly more than they do. These cases can be difficult for human resource departments to address, especially if there are legal issues involved.

FAQs about the Wage Theft Prevention Act

Imagine starting a new job in a restaurant. You get your first paycheck two weeks later and it is much lower than you anticipated. You only had two days off during the pay period and you were working doubles the majority of the time. It is as if you are missing entire days of pay on your paycheck.

Some employees must be compensated for meal breaks

Many full-time employees in New York companies are allowed to take a meal break each day. A meal break typically lasts about 30 minutes to an hour, and it may or may not be paid for. When facing the question of whether or not an employee should be compensated for a meal break, courts look at each case on an individual basis.

Is tip sharing legal in New York?

Many residents of New York City and the state of New York may start their professional careers working as servers in restaurants. For some it's a part-time job to pay the bills during college. For others, it's a career decision by someone who wants to manage or own a restaurant later in life.

Why New York employers should avoid retaliating

Federal law protects workers who make wage complaints to and cooperate with U.S. Department of Labor investigations. If an employer finds out that a complaint was made, it is not allowed to retaliate or take other action against the employee who made it. Employers that do retaliate based on a wage complaint could face a variety of penalties including paying liquidated damages or lost wages.

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