The proposed and revised New York State work place harassment laws were just signed into law this week by Governor Andrew Cuomo. These provisions focused on increased protections for protected classes regarding anti-harassment and anti-discrimination measures that must now be taken by all employers in this state. Several revisions of these laws fixated on employees who have been sexually harassed. These various amendments to the New York Labor Law (NYLL), the New York State Human Rights Law (NYSHRL), the Civil ...Continue Reading →
Oilfield layoffs are picking up steam once again as energy companies try to recover from a deep industry downturn. The oil and gas industry, providing a myriad of services such as drilling and fracking, is now being tested by the recent plummeting prices of oil as well as a slow down in drilling due to pipeline shortages. This, along with the remaining effects of the 2014 oil bust has caused customers to tighten their belts when it comes to ...Continue Reading →
The overtime case against Air Methods Corporation, the air medical helicopter operator that provides emergency air transport to over 100,000 patients every year, has been settled pending the courts approval. The class action lawsuit had accused the company of denying its clinical employees, such as flight nurses and flight paramedics, overtime when they worked over forty hours per week. According to the complaint, the company’s clinical employees worked well over 48 hours per week and their overtime wages were ...Continue Reading →
An operator for Panera Bread in Ohio is on the hook for millions in unpaid wages. The Panera Bread chain, owned by Covelli Enterprises Inc., operated more than 300 locations throughout Ohio and allegedly improperly classified more than 600 assistant managers as exempt from receiving overtime pay. The class and collective action lawsuit that was brought under the Fair Labor Standards Act (“FLSA”) and Ohio labor laws last year, was recently settled and approved by a federal judge for ...Continue Reading →
DoorDash, the on-demand food delivery service, will soon be changing its tipping method after facing much backlash with regard to drivers not receiving all of their tips from customers. Even though the company alleges that their drivers or “dashers” preferred working for a flat fee in case people did not tip at all, many were shocked to find that tips were not going to them in full. DoorDash had ...Continue Reading →
On May 26, 2019 Fitapelli & Schaffer, LLP filed arbitration demands for unpaid wages on behalf of individuals who worked as tipped employees at Blue Note Jazz Club. In these matters, the company forced its employees to sign arbitration agreements, contracts that prohibit workers from filing claims for unpaid wages in court, and prohibit workers from coming together as a class to reclaim their unpaid wages. Once an arbitration agreement is signed claims that arise, even if they affect all ...Continue Reading →
Delivery drivers for Amazon filed a class action lawsuit under the Fair Labor Standards Act ( FLSA ) in Florida for unpaid wages this past summer. Drivers had accused the e-commerce giant of not paying them the correct rate for all hours worked.
Their lawsuit claimed that delivery drivers and driver associates were paid a flat-rate for loading deliveries onto vans each morning and a day rate for delivering ...Continue Reading →
JPMorgan ’s bank employees in California started a class action wage lawsuit two-and-a-half years ago that claimed the bank denied them the proper overtime wages and violated a number of labor laws. Relationship managers had accused JPMorgan of misclassifying their job titles as exempt from receiving overtime pay when working over 40 hours a week as well as not being given the proper meal and rest breaks.
Under state and federal laws such as the Fair Labor Standards Act (FLSA) ...Continue Reading →
The New York State Legislature has significantly revised the state’s work place harassment laws this week. These provisions, pledged to be signed into law soon, focus on anti-harassment and anti-discrimination measures to be taken by all employers with any employees in New York State.
The first significant change is that employers of all sizes, big and small, will be liable under this law, whereas prior to this, only employers ...Continue Reading →
Managers at Steak ‘N Shake recently won a $7.7 million judgement awarded by a jury for unpaid wages, liquidated damages and attorney’s fees. The case focused on the lengthy weekly hours the managers were completing without receiving any overtime compensation.
Often times managers are classified by a company as exempt from receiving overtime pay. This usually means they are paid a set salary regardless of the hours they ...Continue Reading →