Workplace Wage and Hour Blog

Lenny's Sandwich Shops to Pay $5.1 Million for Wage Violations - NYTimes.com

2011-06-17T22:08:00.000-07:00

Lenny's Sandwich Shops to Pay $5.1 Million for Wage Violations - NYTimes.com

Chicago Officer Sues Over After-Hours PDA Use

2010-10-17T01:30:00.000-07:00

Chicago Officer Sues Over After-Hours PDA Use

California Makes Unpaid Interns Easier on Employers

2010-04-10T12:54:00.000-07:00

SeeCalifornia Labor Dept. revises guidelines on when interns must be paid, NYT, 4/10/10, at B2

to be unpaid, should be educational and predominantly for benefit of intern; otherwise must be paid minimum wage

Waldorf Astoria waiters sue over service charges withheld by management

2010-02-27T21:41:00.000-08:00

See Waldorf waiters: stiffed us on tips, NYDN, 2/26/10

-mgmt charges 21.5 service charge, keeps 6.5 percent

Companies Using Independent Contractors Misclassification Increasingly as Tax Dodge

2010-02-18T11:46:00.000-08:00

See A crackdown on contractors as a tax dodge, NYT, 2/18/10, at A1

New York Traffic Agents Rack Up Overtime with Increased Enforcement

2009-08-03T19:22:00.000-07:00

As Overtime Increases for New York Traffic Agents, So Do Tickets, 8/3/09, at A16

-traffic agents in NYC writing parking summonses making record overtime

Union Faculty Accepts Furloughs at California Universities

2009-07-26T22:37:00.000-07:00

"Union Accepts Furloughs at California Universities," NYT, 7/26/09, at 18

Minimum wage rises to $7.25 on July 24 , 2009

2009-07-25T23:12:00.000-07:00

Minimum wage rises to $7.25 from $6.55 on July 24, 2008

NY State Cracking Down on Wage and Hour Violations in Food Service Industry

2009-06-06T23:43:00.000-07:00

New York - State to Crack Down on Labor Violations -- VosIzNeias

-supermarkets, grocers, coffee shops, restaurants being targeted

USDOL Suspends Bush Regulations on Immigrant Agricultural Guest Workers

2009-05-31T23:28:00.000-07:00

Rule Change for Workers on Farms, NYT, 5/29/09, at A15

Workers' Protest Briefly Brings the Jumeirah Essex House to a Halt - NYTimes.com

2009-05-14T22:47:00.000-07:00

A Workers’ Protest Briefly Brings the Jumeirah Essex House to a Halt - NYTimes.com

-protest over failure to pay banquet room staff nearly $2 million in tips

Day Laborers Taken Advantage of in New Orleans on Wages, Pay

2009-02-19T21:07:00.000-08:00

See Day Laborers are Easy Prey in New Orleans, NYT, 2/16/09, at A1

Family Dollar Stores Held to Owe $35 Million to Store Managers for Overtime Misclassification

2008-12-27T21:55:00.000-08:00

See Family Dollar hit for misclassifying store managers as exempt

Walmart to Settle 63 Cases for Failure to Pay for Off the Clock Work

2008-12-25T16:31:00.000-08:00

See Walmart to settle 63 suits over wages, NYT, 12/24/08, at A1

-at least $352 million

Long Deng grocery store to pay $750k to settle overtime allegations

2008-12-10T22:13:00.001-08:00

See "370 grocery workers bag 750G award," NYDN, 12/10/08, at 37

Wal-mart Agrees to Pay $54 Million to Settle Suit over Off the Clock Pay, Meal Breaks

2008-12-10T21:59:00.000-08:00

See"Wal-mart to pay $54 million to settle suit over wages," NYT, at B7

-56000 employees affected, Walmart has faced 70 suits of this nature across the country

Hopsital Workers' Federal FLSA Suits fo Unpaid Meal Breaks Not Preempted by Grievance and Arbitration Procedure

2008-12-09T22:23:00.000-08:00

See "Workers' federal suits against hospitals over unpaid breaks go forward," NYLJ, 12/9/08, at 1

See Hinterberger v. Catholic Health, WDNY

Cut in Hours and Pay Proposed as Atlernative to Mass Layoffs

2008-12-07T04:33:00.000-08:00

See Are cuts in hours and pay an alternative to mass layoffs?, NYT editorial, 12/6/08, at A20

-1933 Senate 30 hour bill during Great Depression followup idea

Airport Van Drivers Held Not to Fall Under Taxicab Exemption

2008-12-03T21:38:00.000-08:00

11th Circuit finds that Southern Shuttle Services van drivers do not fall under taxicab exemption under FLSA

Filipino guest workers say Star One Staffing let off light by NYSDOL

2008-11-24T22:12:00.000-08:00

See Ripoff firm got slap on wrist, workers say, NYDN, 11/24/08, at 22

-70 workers on guest worker visas claim forced to live in squalid houses with deductions from wages while working at exclusive country clubs

Mexican bracero guest farm workers eligible for backpay from 1942-64

2008-11-24T22:07:00.000-08:00

SeeOwed back pay, guest workers comb the past, NYT, 11/24/08, at A1

NYDN Editorial Calls Obama to End Labor Wage and Hour Abuses

2008-11-23T21:17:00.000-08:00

See Barack, attack labor abuses, NYDN, 11/20/08, at 27

Sushi deliverymen at Republic in NYC claim retaliation for seeking OT wages

2008-11-23T20:21:00.000-08:00

See Sushi-suit workers cry foul, NYP, 11/2/08, at 24

-influenced by Chinese Staff & Workers Association

Iowa Meatpacker Agriprocessors Fined $10 Million For Wage Violations

2008-11-02T01:36:00.000-07:00

See Meatpacker is fined nearly $10 Million, NYT, 10/30/08, at A22

-illegal uniform deductions, sales tax deductions, failure to give final paychecks

-previously child labor, identity theft, document fraud

Canyon Spa Employees To Share in Tips of $14.75 Million Settlement

2008-10-25T23:15:00.000-07:00

See
Spa employees to share millions in gratuities, NYT, 10/23/08
-waiters, massage therapist, yoga instructors owed back tips and 18% gratuities withheld

Saigon Grill Ordered to Pay Deliverymen $4.6 Million in Back Pay

2008-10-25T23:11:00.001-07:00

See Pork Fried Abuse, NYT editorial, 10/25/08, at A23

-discusses Saigon Grill wage and hour abuses
-cash tips main source of income
-Ollie's Noodle Shop, others also being investigated

California FedEx Drivers win $14.4 Million Independent Contractor Misclassification Case

2008-10-21T22:26:00.000-07:00

See Fedex drivers win $14.4 million in labor case, AP, 10/20/08

200000+ Mexican Laborer Braceros in US to Collect Back Pay from Mexican Government in Class Action Settlement

2008-10-19T01:01:00.000-07:00

See Settlement will allow thousands of Mexican laborers in US to collect back pay, NYT, 10/16/08, at A19

Muslim Somali Workers Unsettle Latino Meatpackers in Nebraska

2008-10-19T00:58:00.001-07:00

See An influx of Muslim Somalis unsettles Latino meatpackers, NYT, 10/16/08, at A1

-Somalis demand time off for evening prayers, much more arrogant, recruited because of immigration raids on Latinos

Associated Supermarket Executives Arrested in Brooklyn for Cheating Workers and Falsifying Records

2008-10-09T23:58:00.000-07:00

See Supermarket cheated workers, state says, NYT, 10/9/08, at A32

-only paid tips to baggers
-$300 weekly for 70 hour weeks
-falsified records
-civil lawsuit for 600k in back wages for more than 30 workers

Iowa Prosecutes Meatpacker for Child Labor Law Violations

2008-09-20T22:49:00.000-07:00

See Meatpacker faces charges of violating child laws, NYT, 9/10/08, at A16

-Agriprocessors faced 9311 criminal misdemeanors involving 32 underage workers
-child labor violations by top owner and manager in Iowa; HR manager and 2 other mgrs also charged

US OPM rejects 4 day, 10 hour workweek rule

2008-09-20T22:47:00.000-07:00

See US Personnel Office calls 4-day, 10-hour week unworkable, The Chief Leader, 9/12/08, at p. 1

Gristede's Supermarkets Found to Have Misclassified Managers as Exempt from OT Pay

2008-09-04T01:12:00.000-07:00

See Judg rules that Gristede's broke law on overtime pay, NYT, 9/3/08, at B2

-400 mgrs affected as not executives
-docking them for hours inconsistent with salary-needed safe harbor

Saratoga Racetrack Workers Not Paid Minimum Wage

2008-09-01T23:55:00.000-07:00

See Racetrack workers aren't paid minimum wage, state agency finds, NYT, 8/28/08, at B3

-80% of backstretch workers interviewed not paid minimum wage including grooms, night watchmen, and hot walkers

Bronx Nursing Home Operator Faces Felony Charge for Failure to Cover Workers' Comp Insurance for Employees for 13 Months

2008-08-17T23:34:00.000-07:00

See "Nursing home boss hit with insurance charge", NYDN, 8/8/08, at 8

-first to be prosecuted under new 2007 law
-faces up to four years in prison
-Kingsbridge Heights Rehab Center

New York State DOL Finds Carwashes Big Violators of Wage and Hour Laws

2008-08-17T23:22:00.000-07:00

See Carwashes violating wage laws, state finds, NYT, 8/16/08, at B3

-no OT for those working 72 hours weeks, as low as $3 per hour
-84 NY carwashes investigated, 6.5 million in underpayments to 1380 workers
-NYSDOL no longer waiting for employee complaints

Second Circuit Finds Bellevue Hospital Joint Employer in FLSA Case

2008-08-14T02:22:00.000-07:00

See 2d Circuit Joint Employer Case

Hat tip: Adjunct Law Prof Blog

Substituting Muslim holiday for Labor Day as paid holiday causes stir at Tyson plant in Tennessee

2008-08-07T00:08:00.000-07:00

See Muslim holiday at Tyson plant causes furor, NYT, 8/6/08, at A20

-Muslim holiday substituted for Labor Day as per negotiated CBA at Tennessee plant
-large Somali population wanted al-Fitr as paid holiday
-controversial after 9/11

See also Tyson plant reinstates Labor Day as holiday, NYT, 8/9/08, at A16

State Child Labor Charges Against Kosher Meat Plant in Iowa

2008-08-06T23:51:00.000-07:00

See Child Labor Charges are sought against kosher meat plant in Iowa, NYT, 8/6/08, at A15

-57 underage workers found during immigration raid there at Agiprocessors, nation's largest kosher meat market
-worked with dangerous chemicals and tools

See also Immigrants' speedy trials after raid become issue, NYT, 8/9/08, at A12

Waiters at chic eatery Milos sue over forced tip pooling with wine director

2008-08-06T23:39:00.000-07:00

See Waiters sue for tips, NYP, 8/6/08, at 14

-claim managers let host of other employees dip into tip pool for last 6 years

NYC MTA Says Bus Drivers Raked in 19000 Unnecessary OT Hours in 2007

2008-07-27T00:12:00.001-07:00

See A budget bus-ter!, NYDN, 7/25/08, at 2

-managers say better monitoring of shifts and advanced reporting necessary
-

France Passes Law to Allow Employers to Request Beyond 35 Hour Worksweek

2008-07-27T00:02:00.000-07:00

See France to Let Companies Scrap 35 Hour Week, NYT, 7/24/08, at A8

-new law maintains 35 hr week but allows companies to negotiate directly with ees re working hours
-unemployment benefits will stop if worker turns down reasonable job offers

Longhorn Steakhouse Waiters Ask to Shoulder Eatery Costs by Sharing Greater Percentage of Tips

2008-07-26T23:59:00.001-07:00

See Waiters forced to pick up the tab at Longhorn Steakhouse, AP, 7/24/08

-now asked to give back 2.25% per shift to hosts and bartenders, up from 1%
-also affects Olive Garden waiters, other Darden companies

Should State Governments Mandate 4 Day/10 Hour Workweeks?

2008-07-26T23:53:00.000-07:00

Pros
-reduces commuting costs
-reduces building operating costs
-long weekends for employees, happier employees

Cons
-harmss local businesses (e.g., restaurants)
-difficult to accommodate childcare needs

What do you think?

NYSDOL Finds Rampant Wage and Hour Violations Against Chinese Immigrants in Garment Factory Jin Shun in Queens

2008-07-26T22:12:00.000-07:00

See NYSDOL Finds Rampant Wage and Hour Violations in Queens factory, NYT, 7/24/08

-Queens workplace was sweatshop
-rampant overtime and wage and hour violations
-100 ees worked 7 day workweeks, shortened lunch periods
-employers encouraged workers to lie to investigators, falsify time cards
-$5.3 million owed
-made clothes for Victoria's Secret, Urban Outfitters

USDOL Cracking Down on Companies Trying to Falsely Sponsor Cheap Foreign Workers at Expense of US Labor

2008-07-24T00:32:00.001-07:00

See "Labor Agency Audit of Firm Angers Immigration Lawyers," New York Law Journal, 7/24/08, at 5-6

Federal Minimum Wage Increases $.70 Per Hour Today to $6.55, and to $7.25 in 2009

2008-07-23T23:47:00.000-07:00

See Minimum wage going up, but no more liveable, Salt Lake Tribune, 7/23/08

NYS Attorney General gets 2 NY construction companies Siebold and Finkelstein Morgan to pay out $1.23 in unpaid overtime to workers

2008-07-23T23:43:00.000-07:00

See 300 construction workers to share $1.23M settlement, NYDN, 7/23/08, at 28

Bush's DOL Dropping the Ball on Wage and Hour Enforcement

2008-07-18T22:03:00.000-07:00

No Friend of the Workers, NYT Editorial, 7/18/08, at A18

-discusses how Bush's DOL has dropped the ball on wage and hour enforcement on behalf of employees

USDOL Criticized for Mishandling Minimum Wage, Overtime Complaints

2008-07-15T22:34:00.001-07:00

See Department is criticized on disputes over wages, NYT, 7/15/08, at A13

-1/3 less cases by federal DOL investigated from 1997 to 2007

New York State Minimum Wage Increases Rapidly while Median Wages Slipping

2008-07-12T23:47:00.000-07:00

See Minimu Wage increases fastre than median wage, NYT, 7/11/08, at B3

-minimum wage up 40%, from 5.15 to 7.15 since 2005 (15k/yr)

-median wage is $12.03, about $25k a year for 40 hr workweek

-fed min wage to 6.55 in 2008, 7.25 in 7/2009

NYLJ Article Discusses Issues re Recovery of Bonus Payments Post-Termination

2008-07-10T21:19:00.000-07:00

See Bonus Payments Article

Hat tip: Adjunct Law Professor Blog

Old Homestead Steakhouse Waiters Claim Retaliation After Complaining about Tip Practices

2008-07-06T23:03:00.000-07:00

See "Tip-suit revenge," NYP, 7/4/08, at 8

-3 waiters claim stuck with bad tables after complaining about tips and winning backpay on prior claim

Minnesota state judge finds Walmart cheated employees out of rest breaks, off the clock work

2008-07-06T22:56:00.000-07:00

See Wal-mart loses a suit over work breaks, NYT, 7/2/08, at C4

-2 billion in fines
-failure to give promised rest breaks
-in house training required off the clock
-handbook created contractual obligation
-deducted pay when worked 16-18 minutes
-class action started 9/2001

Utah state employees to have 4-day workweek in yearlong experiment

2008-07-06T22:50:00.000-07:00

See Utah going to a 4-day workweek, AP, 7/4/08

10 hour workday Monday-Thursday, off Fridays
-purpose to save energy

New York State to Pass Law Banning Mandatory Overtime for Nurses

2008-07-04T13:32:00.000-07:00

See Governor expected to ban mandatory OT for nurses, The Chief-Leader, 7/4/08, at 3

-will not cap OT work volunteered for, but nurses cannot be disciplined for refusing OT work as it will not constitute professional misconduct, patient abandonment, neglect

NYS Seeks to Bail Out Workers Compensation Self-Insured Trusts

2008-06-16T23:02:00.000-07:00

See State seeks way to help workers hurt on the job, NYT, 6/16/08, at B1

Federal Government and Some States Considering Employers to Provide Paid Sick Days

2008-06-16T04:40:00.001-07:00

See Will you be paid for sick days?, Parade, 6/8/08, at p. 8

84% of NYC Parents Pay Nannies Off the Books

2008-06-16T04:33:00.001-07:00

See "No-tax nannies," NYP, 6/15/08, at p. 7

-1100 parents interviewed from six online groups

NYSDOL cracking down on backwage cases regardless of immigration status

2008-06-16T04:32:00.001-07:00

See "They get paid, thanks to the Dept. of Labor", NYDN, 6/15/08, at p. 40

NJ Legislature Considering Mandatory Employee Meal and Break Periods

2008-06-10T00:39:00.000-07:00

-would require employers to provide unpaid meal period of 30 minutes if employee works 6 hours or more

-would require paid 15 minute break if employee works 4 hours or more

-NJ only requires unpaid 30 minute meal period to minors who work 5 hours or more

Hat tip: New Jersey eAuthority June 2008

Domestic Workers Rally in Favor of Bill of Rights in NYC

2008-06-10T00:31:00.000-07:00

See Domestic Workers Organize to End Atmosphere of Violence, NYT, 6/9/08, at B3

-first National Domestic Workers Congress

Third Circuit Finds Philadelphia EMTs Eligible for Overtime Compensation

2008-06-08T22:39:00.001-07:00

See Lawrence v. City of Philadelphia, 03-CV-04009

-held not to engage in fire protection activities and therefore not eligible for exemption

Hat tip: publicpersonnellaw.blogspot.com

Burger King Agrees to Raise Wages of Florida Tomato Pickers

2008-05-25T23:00:00.001-07:00

See "Burger King Grants Raise to Pickers," NYT, 5/24/08, at C3

-relents after battle with Florida tomato industry over substandard ages, will pay extra penny per pound to workers

Congress Considering Family Friendly Workplace Act to Allow Comp Time in Lieu of Overtime Wages

2008-05-19T23:17:00.001-07:00

-Family-Friendly Workplace Act introduced in the House on May 14, 2008 by four Republican senator-s

-would require parties to enter into a written agreement which makes it clear that the worker is knowingly and voluntarily electing to take paid time off in lieu of overtime pay. Comp time would be limited to 160 hours or 4 weeks per year.

Private Security Guards Rally with Local 32BJ for Living Wages

2008-05-08T22:53:00.000-07:00

See "Insecurity risk in wage fight," NYDN, 5/8/08, at 35

-11.50/hr, 12 hr days common, without benefits

Blackberry Use by Nonexempt Employees May Qualify as Compensable Time

2008-04-30T22:01:00.000-07:00

SeeBlackberry Clicks Can Up Company Costs

-blackberry use may qualify as compensable work time for nonexempt employees

Second Circuit Holds City Fire Alarm Inspector's Requirement to Carry Inspection Documents while Commuting Does Not Qualify as Compensable Time

2008-04-30T21:57:00.000-07:00

Singh v. City of New York, No. 06-2969 (4/29/08)
The mere carrying of inspection documents without any other active employment related responsibilities while commuting is not work under the Fair Labor Standards Act (FLSA), except to the extent that it increases the duration of the commute.

Union Organizer Found Subject to Administrative Exemption from OT Requirements

2008-04-29T02:11:00.000-07:00

See Savage v. UNITE Here, 05 Civ. 10812, 4/17/08, SDNY (Judge Swain)

-independent judgment and discretion vital to union mission, nonmanual nature of work recognized

Ohio State Workers Face Less Flextime in Order to Ensure Staffing of Offices

2008-04-27T22:40:00.001-07:00

See "Ohio State Workers are coping: It's now 8 to 5, with a 5-day week," NYT, 4/26/08, at A15

-Governor Strickland urges need to staff offices better, but unions and workers oppose-flextime, telework will be less available

Congress Debates Bill to Ease Statute of Limitations on Pay Discrimination Lawsuits

2008-04-27T22:31:00.000-07:00

See "GOP set to block bill easing limits on pay discrimination suits," NYT, 4/23/08, at A11

-Lilly Ledbetter Fair Pay Act
-would strike Supreme Court Ledbetter v. Goodyear Tire decision re six month statute of limitations

Ecolab Exterminators Deemed Exempt Under Retail Sales Exemption

2008-04-19T20:36:00.000-07:00

See English v. Ecolab, Inc., 06 Civ. 5672, SDNY (3/31/08)

-flexibility to schedule calls, base salary plus commissions, 75% of sales are retail sales

Triple Damages Now Available in Massachusetts Wage and Hour Cases

2008-04-18T01:42:00.000-07:00

See "Triple Damages in Wage and Hour Cases Now Law in Massachusetts," law.com website (subscription required), 4/17/08

See also Triple Damages in Massachusetts

Dancers for Hire at Queens Club Claim They Are Misclassified as Independent Contractors

2008-04-10T20:56:00.000-07:00

-See "Dancers for hire at Queens Club Claim Wage Violations", NYT, 4/10/08, at B3

-Flamingo dancers paid fines when missed days of work and paid $11 fee to enter club

-dancers earned $2 per dance but no other wages

-plan to file federal lawsuit

California court orders Starbucks to pay unpaid tips to baristas

2008-03-23T06:16:00.001-07:00

See "Starbucks has to swallow its own stiff stuff," NYP, 3/22/08, at 4

-supervisors were taking cut of tips, about $1.71 per hour,
-applies only to California-based Starbucks

Ministers Held Exempt from Minimum Wage and Overtime Requirements

2008-03-15T22:33:00.000-07:00

See related link about recent 7th Circuit case from Adjunct Law Professor Blog
minister case

Direct Care Workers for Disabled Denied OT Pay with Agency in NYC

2008-03-04T02:47:00.000-08:00

See "Cash for perks-not for OT," NYDN, 3/3/08, at 39

-33 direct care workers for disabled children and adults denied overtime pay at Evelyn Douglin Center

Nursing Temp Agency Held Liable for Unauthorized Overtime Hours by Second Circuit

2008-03-02T23:21:00.000-08:00

See "Chao v. Gotham Registry"

Chinese Daily News Ordered to Pay Over $5 Million in Overtime Pay Case

2008-03-02T23:04:00.000-08:00

See "Paper is penalized for labor violations," NYT, 3/1/08, at A10

-$5.19 million awarded to 200 workers in Los Angeles

NLRB Judge Orders Saigon Grill to Reinstate 28 Deliverymen Who Planned to Sue over Wage and Hour Violations

2008-02-22T22:23:00.000-08:00

See "Restaurants must rehire deliverymen, judge rules," NYT, 2/21/08, at B4

-immigrants from China win back jobs after judge finds retaliation by NLRB threatening lawsuit

Federal Judge in Tennessee Dismisses Lawsuit against Tyson Foods Claiming Company Hired Illegals to Depress Wages

2008-02-17T09:00:00.000-08:00

See "Judge tosses employees' lawsuit against Tyson," Bergen Record, 2/15/08, at B8

-Tennessee judge throws out RICO claims that company hired illegals to knowingly depress wages

NY's Highest Court Rules Waiters are Entitled to Mandatory Service Fees as Tips

2008-02-17T08:53:00.000-08:00

See "Court rules waiters are entitled to fees disguised as tips," NYT, 2/15/08, at B7

-mandatory service fees must be turned over to waiters unless restaurant makes clear services charges will not be paid to waiters

17000 Home Based Child Care Provider in NY Join CSEA Union seeking Better Pay, Hours, Benefits

2008-02-17T08:30:00.001-08:00

See "17,000 Child Care Providers Joining Union," NYT, 2/16/08, at B5

-3723-161 vote to join after 28000 joined UFT in October 2007, 7500 previously joined CSEA, based on Spitzer's executive order in May 2007

NYC Trendy Retailer Yellow Rat Bastard Agrees to Pay $1.4 Million in OT, Minimum Wage Fines

2008-02-12T23:07:00.000-08:00

See "Settlement gives past wages to clothing retailer's workers", NYT, 2/12/08, at B3

NY Atty General's 14 month investigation culminates in 1000 workers to be compensated for being paid off the books for 60-70 hour workweeks at less than minimum wage

New York State cracks down on misclassification of workers in construction, restaurant industry

2008-02-12T22:51:00.001-08:00

See "Dozens of companies underpay or misreport workers, State says," NYT, 2/12/08, at B3

117 companies were investigated with focus on construction and restaurant industry, with janitorial, carwashes, and trucking companies to be next