NY Construction Workers to Receive $1.2 M in Unpaid Wages

Nearly 400 hard working New Yorkers in the construction industry are set to receive unpaid wages totaling over $1.2 million discovered through investigations started on January 1st of this year. Through a partnered effort between the District attorneys of all NYC, Westchester and Nassau Counties, this investigation has resulted in numerous indictments across several jurisdictions with nearly $700,000 already returned to affected workers. Governor Andrew Cuomo’s call for a crackdown in the industry was in response to ...

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Oil and Gas Workers Awarded $1.8M for Overtime Claims

Oil and gas workers of a major Canadian based energy company have settled a lawsuit for overtime claims in Colorado. The Canadian company, Ensign Energy service, was accused of wrongfully classifying these oil and gas workers as salaried employees. Even though the company can pay these types of workers a salary, their job duties must keep them exempt them from receiving overtime pay. In this situation, the oil and gas workers were being paid a salary, but ...

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An Update on DOL Overtime Regulations

In May of last year the Department of Labor (DOL) announced that it would increase the threshold salary requirements in determining whether an employee is exempt from receiving overtime pay under the Fair Labor Standards Act (FLSA). The DOL’s final rule affected professional, administrative and executive employees by dramatically increasing the threshold salary from $455per week to $913 per week. It also bumped the salary threshold for exempt highly compensated individuals from $100,000 to $122,148.

This change in overtime regulations caused ...

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Boca Juniors Steakhouse Sued for Unpaid Wages

Boca Juniors, the well known Argentine restaurant in Queens, New York which caters to soccer fanatics and steakhouse enthusiasts, has been sued by a former employee. A lawsuit was filed on August 31, 2017, by Fitapelli & Schaffer, LLP on behalf of a former back of the house employee. The former kitchen worker is seeking unpaid overtime compensation, unpaid spread of hours pay, and other damages.

The lawsuit alleges that Boca Juniors Steakhouse and its owners instituted many policies and practices ...

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Live-In Home Health Aides Must Be Paid for 24 Hours

On April 11, 2017 the NY Supreme Court, Appellate Division for the First Department ruled in favor of the plaintiffs in the Tokhtaman v. Human Care, LLC case. The plaintiffs in this matter argued that home health aides were not being paid for all hours worked, overtime, and spread of hours. The courts decided that nonresidential home health aides who work as live-ins at a client’s home are eligible for overtime.

What Does This Mean & Who Does This Affect?

Home Health ...

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Plaintiffs Win Conditional Certification in Star Nissan Case

On April 12, 2017, in the case of Hotaranu v. Star Nissan Inc., No. 16 Civ. 5320, Judge Robert M. Levy of the United States District Court for the Eastern District of New York granted Plaintiffs’ motion for a conditional certification of a collective action under the Fair Labor Standards Act. Plaintiffs originally commenced this action on September 26, 2016, on behalf of themselves and all similarly situated current and former auto sales representatives employed at the Star Nissan dealership, ...

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7 Million Dollar Settlement for Real Estate Appraisers

On January 31, 2017, Real Estate Appraisers for Bank of America Corp. were awarded a 7 million dollar settlement after alleging LandSafe, Inc. and LandSafe Appraisal Services, Inc., and their parent company, Defendant Bank of America Corp., refused to pay them overtime even after a similar case against them for unpaid overtime two years prior settled for 36 million dollars. This lawsuit claimed that Bank of America Corp. refused to change their compensation practices even after the prior lawsuit and ...

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Construction Companies Frequently Fail to Pay Laborers Overtime

Laborers for construction companies are frequently paid improperly at the hand of their employers. They are often salaried or paid a day-rate which as argued by a recent lawsuit against Magnetic Contracting Corp. and City Metro Corp., would entitle them to receive overtime pay when working over 40 hours per week. Magnetic Contracting Corp., a commercial and residential construction company operating throughout the greater New York City area, was hit with a class action Fair Labor Standards Act (FLSA) and ...

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Duane Reade to Pay Out Big for Overtime Violations

The popular drugstore chain, Duane Reade, has finally settled a 5 year long class action lawsuit that alleged it denied overtime pay to its employees. They have agreed to pay $13.5 million to cover claims that its assistant store managers were not paid for all of their hours worked in accordance to the Fair Labor Standards Act (FLSA).

According to the lawsuit, Duane Reade required its Assistant Store Managers to work at least 55 hours per week but only ...

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Keane Group Holdings Sued for Unpaid Overtime

Fitapelli & Schaffer, LLP along with Bruckner Burch PLLC filed a collective action against Keane Group Holdings for unpaid overtime. Keane, well known to some of the largest oil and gas companies, offers completion services such as hydraulic fracturing, engineered solutions, wireline technologies, coiled tubing, top hole air rig packages, and cementing. This lawsuit seeks to recover overtime pay for plaintiffs and their similarly situated oilfield coworkers. Affected workers include QSHE Coordinators, Wireline Supervisors and other similar salaried workers.

When pay ...

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