In Battino, et al. v. Cornelia Fifth Avenue LLC, a case pending in the United States District Court for the Southern District of New York, the court recently held that the individual owner of a company that purchased the assets of another company might be held liable for minimum wage…
Senator Charles Schumer (D-New York) introduced a bill amending the Fair Labor Standards Act (FLSA) to cover over-the-road bus drivers and requiring that they be paid overtime for hours worked in excess of 40 in a workweek. Currently, over-the-road bus drivers are exempt from the maximum hours provisions of the…
Today, the U.S. Department of Labor Wage and Hour Division released three new fact sheets addressing the topic of retaliation under the Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), and Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Each of these statutes contain provisions prohibiting an employer…
Recently, a bill was introduced in the Senate (S.1747), which seeks to expand the scope of the Fair Labor Standards Acts’ current exemption for computer employees. The bill, which is referred to as the “Computer Professional Update” Act (“CPU Act”), attempts to modernize the computer employee exemption by making it…
On November 15, 2011, a group of Brooklyn, New York residents filed a federal civil action against the Atlantic Yard Development Company LLC, Forest City Ratner Companies LLC, Brooklyn United for Innovative Local Development and others, alleging that they should have been paid for work they performed pursuant to a…
Two interns filed a lawsuit in federal court in New York City alleging that Fox Searchlight Pictures, the producer of “Black Swan,” misclassified them as unpaid interns despite that they engaged in work, typically performed by paid employees. Among other things, the interns alleged that they performed work such as…
On September 15, 2011, a class of current and former exotic dancers filed a claim against The Executive Club LLC d/b/a The Penthouse Executive Club, in the United States District Court for the Southern District of New York, alleging wage and hour violations. Specifically, the lawsuit against the New York…
A former Advisory Associate of KPMG LLP filed a putative class action against the firm for failing to pay her overtime pay in accordance with the Fair Labor Standards Act (“FLSA”) and New York State Labor Law (“NYLL”), for all hours worked in excess of 40 in a workweek. The…
The federal Fair Labor Standards Act (“FLSA”) requires that employers pay employees at least the minimum wage for each hour worked, and 1-1/2 times their regular hourly rate for hours worked in excess of 40 in any workweek. In addition, the FLSA contains anti-retaliation protections to employees who make complaints…
Steven Bullock, Attorney General for the State of Montana has issued a press release stating that FedEx Ground has agreed to pay $2.3 million over its failure to pay unemployment insurance premiums on behalf of its drivers, which FedEx Ground contends are not “employees,” but independent contractors. Gangemi Law Firm,…