Overtime
In September 2012, in Kadden v. VisuaLex, LLC, No. 11 Civ. 4892, 2012 WL 4354781 (S.D.N.Y. Sept. 24, 2012), the U.S. District Court for the Southern District of New York (Scheindlin, J.), after a three-day bench trial, held that the plaintiff individual, a litigation graphics consultant ("graphics consultant") who held a law degree, was not exempt from the overtime pay requirements of the Fair Labor…Read More
On October 29 and October 30, 2012, Hurricane Sandy, a tropical cyclone, struck New Jersey and New York, killing over a hundred people, destroying thousands of homes and businesses, and leaving millions without electric power for days or weeks. As a result of Hurricane Sandy and the blackout that the hurricane caused, numerous businesses in New York closed for several…Read More
The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”), and its implementing regulations, 29 C.F.R. §§ 510 et seq., mandate that most employees in the U.S. be paid overtime compensation at 1½ times the regular rate of pay for all hours worked in excess of 40 hours in a workweek. However, the FLSA sets forth an exemption from overtime pay for employees "employed…Read More
On June 28, 2012, the New York City Council, by a vote of 46 to 5, overrode Mayor Michael Bloomberg's veto of the Fair Wages for New Yorkers Act, Local Law 37 of 2012 (the "New York City Fair Wages Act," the "Fair Wages Act," the "Act," or the "NYCFWA"). The Fair Wages Act, effective September 26, 2012, requires companies or individuals…Read More
Many individual owners of closely held businesses want to hire an employee for the business, but lack the cash flow to do so. Periodically, owners of a cash-strapped, closely held business in New York, who want the business to hire a worker, will ask me whether, instead of paying the worker the minimum wage and any overtime pay, the business may…Read More
In March 2012, in Gurung v. Malhotra, 10 Civ. 5086 (S.D.N.Y. Mar. 16, 2012), the U.S. District Court for the Southern District of New York (Marrero, J.) awarded, to a 22-year-old domestic worker, damages of $1,458,335 against the maid's former employers -- an Indian diplomat and her husband. The diplomat and her husband, Neena and Jogesh Malhotra ("the Malhotras"), had brought…Read More
New York State, like the federal government, does not require any particular order or form for the records that an employer must maintain concerning employees’ wages and hours. Cf. 29 C.F.R. § 516.1(a) (“No particular order or form of records is prescribed by” 29 C.F.R. Part 516 (Records To Be Kept By Employers)). An employer in New York may use any timekeeping method…Read More
The federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”), and its implementing regulations, 29 C.F.R. §§ 510 et seq., mandate that most workers in the U.S. be paid at least the federal minimum wage of $7.25 per hour for all hours worked and overtime compensation at 1½ times the regular rate of pay for all hours worked in excess of 40…Read More
On September 6, 2011, the New Jersey Department of Labor and Workforce Development repealed its existing rules governing exemptions from overtime pay requirements for executive, administrative, professional and outside sales employees, and instead adopted by reference the analogous regulations issued under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (the “FLSA”). See here for a copy of the rule change. New Jersey's…Read More
This blog post discusses the meal breaks and breaks to express breast milk which an employer in New York State must provide to its adult employees. For rules limiting the hours of work of minors (that is, persons less than 18 years of age) in New York, see this author's December 8, 2010 blog post. Time Permitted For Meals New York State law requires companies to allow…Read More