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May 27

Eventlink Workers Allege Unpaid Overtime

Fitapelli & Schaffer has filed a lawsuit against Eventlink alleging widespread overtime and wage violations affecting workers across multiple states, including New York, California, Indiana, and Nevada. The complaint, filed by attorneys Joseph Fitapelli and Armando Ortiz, alleges that Eventlink failed to properly compensate workers for overtime hours despite routinely requiring long shifts and extensive workweeks.

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May 22

Yelp Workers Allege Unpaid Time and Break Violations

A former hourly worker has filed a proposed class-action lawsuit against Yelp Inc. in California, alleging that the company failed to pay employees for all hours worked and violated several wage-and-hour laws. The lawsuit claims that workers were required to log in through their computers to begin their shifts but were not compensated for the time spent waiting for those systems to boot up, which could take several minutes each day.

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Mar 27

Dunkin’ Donuts and Taco Bell Franchisee to Pay $1.5M Over NYC Scheduling Violations

Workers at Dunkin’ Donuts and Taco Bell locations in New York City may be entitled to compensation following a settlement involving violations of the city’s Fair Workweek Law. Salz Management LLC, a franchisee operating multiple locations, agreed to pay more than $1.5 million after a city investigation found scheduling violations affecting hundreds of employees.

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Dec 16

New York Minimum Wage to Rise Again in 2026

For 2026, New York’s general minimum wage is $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state. Some workers, including certain tipped employees and workers covered by industry-specific wage orders, can be subject to different cash-wage or allowance rules. Workers should compare their work location, job type, pay rate, and pay period with the rate that applied when the work was performed.

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Apr 25

NJ Supreme Court Confirms Commissions Are Protected Wages

The New Jersey Supreme Court unanimously ruled that commissions qualify as wages under state law. The case involved a former sales manager who claimed she was owed substantial commissions after selling personal protective equipment during the COVID-19 pandemic.

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Jul 30

$2.4 Million Crate & Barrel

A Cook County judge finalized a $2.4 million settlement, concluding litigation accusing Crate & Barrel of violating Illinois’ biometric privacy law. The lawsuit alleged that the company required employees to scan their fingerprints for timekeeping purposes without obtaining their written, informed consent.

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Jul 3

Zara Agrees to $1.25M Settlement in Overtime Pay Dispute

Zara, the fast-fashion retailer, has agreed to a $1.25 million settlement to resolve allegations that it failed to include commissions in overtime pay calculations for approximately 500 employees. This agreement, which requires approval from a New York federal judge, was detailed in a letter filed by the employees’ attorneys at Fitapelli & Schaffer.

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Apr 11

Food Distribution Employees Prevail in Ohio Wage Lawsuit

A federal judge in Ohio provisionally approved the certification of a group of food distribution employees who alleged that they were required to work off-the-clock and during breaks without compensation. The judge stated that the workers demonstrated the company’s policies were consistently enforced across the board.

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Mar 6

Attendance Bonuses and Calculating Overtime Under FLSA

Amid the aftermath of the pandemic, many employers have introduced weekly attendance bonuses to encourage employees to return to the office. However, many employees have now claimed attendance bonuses should be considered when calculating overtime pay and that by failing to do so, an employer is violating the Fair Labor Standards Act (FLSA).

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Jan 26

Global Payments Settles Overtime Dispute with Remote Workers

Global Payments Inc., a financial technology company, has agreed to settle a lawsuit with over 100 remote customer service workers. The employees claimed they were systematically underpaid for the significant time spent starting up and logging into their computers systems daily. The agreement follows a mediation last month, and the parties anticipate finalizing the terms and submitting settlement approval papers in February.

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Dec 19

NY’s Upcoming Minimum Wage Boost

New York is set to see a significant shift in its minimum wage laws come January 2024, promising a crucial advancement for employees reliant on these baseline earnings. This change stands as a solid measure in addressing the mounting challenges posed by the ever-increasing cost of living and inflation.

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Oct 26

SIM Scam Suit Allowed to Proceed in Washington

A federal judge in Seattle has rejected the majority of T-Mobile’s request to dismiss a potential class action lawsuit accusing the company of enabling SIM swap scams through its service. While two of the plaintiff’s claims have been dismissed, the judge has permitted the continuation of the remaining four allegations.

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Oct 17

Understanding Clopening Shifts in New York City

In the world of employment law, the term “clopening” has gained traction in recent years, sparking discussions about fair labor practices in fast food restaurants. A clopening shift refers to the practice of scheduling an employee to close the business at night and then return to open it the next morning, often leaving little time for rest and recovery. This practice can be physically and mentally demanding and has raised concerns about its impact on employee well-being and safety.

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Aug 27

DOL Revises Prevailing Wage Assessments for Construction Workers

The U.S. Department of Labor has given the green light to a new rule under the Davis-Bacon Act that changes how prevailing wages are determined for construction projects funded by the federal government. This update will lead to a significant change to wage assessments and is great news for those in the construction industry.

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Aug 4

$72.5 Million Settlement for Home Depot’s Unpaid Overtime Receives Initial Green Light

In a significant development for Home Depot and its employees, a federal judge in California granted initial approval for a substantial $72.5 million settlement. This settlement brings an end to a prolonged and complex legal battle that spanned seven years, addressing class claims accusing Home Depot of neglecting to compensate its workers for off-the-clock work.

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Jul 26

Delay in Implementation of NYC Minimum Wage for App-Based Delivery Workers

A recent decision by a New York state judge has postponed the implementation of a new rule in New York City that aimed to raise the minimum wage for app-based delivery workers. Companies like Grubhub, DoorDash, and Uber have challenged the rule, arguing that the rule was biased, which led to a delay in its enforcement. The judge has scheduled a hearing for the end of July to further address the matter.

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Jul 7

Female Workers Allege Disney Underpaid Them $150 Million

A group of current and former employees of The Walt Disney Co. have filed a lawsuit alleging that the company has unfairly paid women in middle management positions at least $150 million less than their male coworkers in similar roles. The employees are seeking class treatment for their case and have presented their claims to a judge in Los Angeles.

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Jun 22

New York City Implements New Law to Raise Minimum Wage for Delivery Workers

In a significant move to tackle the issues faced by delivery workers, New York City has introduced a new law that establishes an increased minimum wage for food couriers employed by delivery platforms such as Uber Eats, DoorDash, Relay, and Grubhub. The main purpose of this law is to respond to the concerns raised by labor rights activists and the city’s comptroller, who have highlighted their belief that the existing minimum pay is inadequate in covering the exorbitant living costs in NYC and the many expenses associated with being a delivery driver.

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May 17

Kronos Settles Workers’ Ransomware Lawsuit for $6M

Kronos, a company that provides workforce management services, has reportedly agreed to settle a lawsuit brought by a group of its employees. The employees alleged that Kronos was negligent in its duty to prevent a ransomware attack in 2021, which led to the theft of their personal data. As per the recent court filing, Kronos has agreed to pay a maximum of $6 million to settle the lawsuit.

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Apr 14

Old Dominion Faces Lawsuit for Fingerprint Collection from Time Clocks

Old Dominion Freight Company is facing a proposed class action lawsuit in Illinois federal court, alleging that the company’s timekeeping platform unlawfully scanned and retained employees’ fingerprints without their permission. According to the lawsuit filed by John Kararo, the company made workers use a unique “biometric identifier” to log in and out of the time clock system to track hours and attendance, which violates the Illinois Biometric Information Privacy Act (BIPA).

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Apr 10

Millions of Salaried Employees Could Become Eligible for Overtime Pay

As early as May 2023, employees may see changes to the U.S. Department of Labor’s overtime regulations. Three U.S. Senate Democrats have proposed a bill that would increase the minimum salary requirement for overtime exemption from $684 per week, or about $36,000 per year, to $75,000 per year by 2026. Additionally, the bill seeks to permanently link the exemption threshold to the 55th percentile of earnings for workers, as calculated by the Bureau of Labor Statistics. Currently, fewer than 15% of all full-time salaried workers receive overtime pay.

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Mar 17

Workers Bound by Noncompete Agreements May Be in Luck

Workers across the United States that are bound by noncompete agreements may have some good news coming. The Federal Trade Commission (FTC) has suggested a new regulation that would prohibit employers from enforcing non-compete agreements on their employees. This common and frequently unjust practice limits salaries, inhibits creativity, and prevents entrepreneurs from launching new businesses. According to the FTC, this proposed rule could enhance overall salaries by approximately $300 billion annually and create more career prospects for around 30 million people by putting an end to this practice.

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Mar 3

Airline to Pay Flight Attendants Nearly $31M in Unpaid Wages

A federal judge in California has ordered Virgin America Inc. and Alaska Airlines to pay $31M in unpaid wages and penalties to flight attendants who claimed Virgin America and Defendant Alaska Airlines failed to pay overtime premiums, provide meal periods and rest breaks, provide accurate wage statements, and other violations of the UCL and the PAGA. The ruling applies to all affected flight attendants who have worked for Virgin America, Inc. in California between March 18, 2011 and January 15, 2023. Hundreds of employees will receive a payout from this airline wage class action.

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Feb 28

Supreme Court Ruling Protects FLSA Overtime Requirements for High and Low Wage Earners

A recent Supreme Court ruling has upheld a 2021 Fifth Circuit decision which held that despite earning well over minimum wage , if an employee is not paid a set salary by its employer, they may be eligible to earn overtime pay when working over 40 hours per week. This is a huge win for employees across all industries. Under the Fair Labor Standards Act (“FLSA”), a worker is entitled to overtime pay as long as they do not fall under one of several exemptions, most of which consider in part whether an employee was paid a set salary for all of their hours worked. In the oil industry wage case of Helix Energy Solutions Group, Inc., et al v Hewitt, the affected worker, Hewitt, claimed that because his pay was structured as a day rate (or “daily rate”) with his wages dependent on days worked as opposed to a set salary, he should be entitled to overtime.

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Feb 17

Layoffs in the Tech Industry and Beyond: What Can Be Done as a Recently Terminated Employee?

Layoffs in the tech industry continue to pile on as we settle into 2023. The wave of hiring freezes and layoffs picked up full steam in 2022 with large tech companies firing more than 5-20% of their work force. Many believe the job cuts are in major part due to over hiring and over paying for talent during the height of the pandemic. Firms hired aggressively to capitalize on the demand for online purchases and social media use during lockdowns.

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Feb 10

Flight Attendants Get $53.5M Pay Stub Violation Settlement Approved

Flight attendants for United Airlines have just had their significant wage deal for owed wages confirmed by the courts. A California federal judge has recently given their initial approval of the $53.5 million settlement resolving claims that the major airline failed to provide adequate wage statements as required by California Labor Code. Affected individuals include all current and former flight attendants employed by UnitedAirlines based at a California airport between August 2014 and March 31, 2023. Over 5,000 flight attendants stand to benefit from this payout.

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Feb 1

Finance Industry Fining Employees May Not be Legal

Passing fines onto employees in the finance industry may be on the rise. Companies such as Morgan Stanley, Goldman Sachs, and UBS that have been probed and fined recently by the SEC for misuse of personal devices. Some of these financial firms are now looking into offloading these fines onto their employees. In 2021, the SEC launched an investigation into banks to see if they had been properly monitoring their employees’ conversations regarding official business. This past September, the agency ended up fining 16 financial institutions, including some big-name banks, $1.8 billion after evidence of employees discussing business deals and trades on personal devices or apps such as WhatsApp.

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