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wage and hour Archives

State holding public hearings to discuss tip credit

Employees who work in restaurants or otherwise earn their wages in tips may be interested to learn that on April 16, it was reported that the state labor commissioner began a series of public hearings about the topic. The first public hearing took place on April 20 and allowed advocacy groups and others to discuss tips.

New York workers recover millions in stolen wages

In 2017, more than $35 million in stolen wages was returned to 36,446 workers in New York. This was an increase over 2016, during which $34 million was recovered on behalf of 27,42 workers in the state. The governor of New York also announced that an additional $1 million had been provided to the Department of Labor to expand its staff.

Opinion letters issued in FLSA and FMLA matters

New York employers and others throughout the country are generally not responsible for paying workers for time commuting to and from work. This is generally true even if they are commuting between job sites or doing so using a company car. According to an opinion letter from the Department of Labor Wage Hour Division, employees can be entitled to pay for extended periods of travel away from home.

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.

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