On November 27, 2023, a class action complaint filed in Washington State court was moved to federal court alleging Walmart improperly misclassified its app-based delivery drivers as independent contractors as opposed to employees, who must receive minimum and overtime wages and other benefits depending on which State an individual resides. In determining whether a worker […]
The New York Court of Appeals for the Second Circuit has issued new guidance on how to properly plead wage and hour claims against employers. On October 16, 2023 the Court in Abbott v. Comme Des Garcons, Ltd. reversed a district court decision that required an excessively strict level of detail in pleading overtime claims, […]
Last week, a nurse sued a rehabilitation center for automatically deducting 30-minute meal breaks from her and other employees’ wages, even though their breaks were routinely interrupted to care for patients. The Center at Lincoln, a rehabilitation center in Colorado, “serves patients needing physical rehabilitation and/or complex nursing care.” For example, the Center at […]
On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will raise the minimum wage for hundreds of thousands of Californian health care workers to $25.00 per hour by June 2028. Specifically, the law will gradually increase the hourly wage of medical technicians, nursing assistants, custodians, and other support staff each […]
On September 29, 2023, the U.S. Equal Employment Opportunity Commission released a long awaited draft of updated enforcement guidelines regarding workplace harassment. The draft is the first document the EEOC has issued on harassment since it issued “Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors,” in 1999, according to an EEOC spokesperson. The […]
Last week, a New York State Court rejected a motion by Uber, DoorDash and Grubhub for a preliminary injunction to stop a minimum wage of $17.96 from taking effect for those companies’ app-based food delivery workers in NYC. This minimum wage was previously set to take effect on July 12, 2023 and is scheduled to […]
Despite a range of civil penalties in New York, employers continue to engage in widespread wage theft of employee’s earned wages amounting to, according to one estimate by Cornell University’s Worker Institute, nearly $1 billion dollars in lost wages per year. New York’s Wage Theft Accountability Act (S2832-A/A154-A), signed by Governor Kathy Hochul on September […]
Faruqi & Faruqi attorney Taylor J Crabil was recently cited in a law360 article titled "5 Things To Know About Retaliation In Employment Law," by Jon Steingart. "The anti-retaliation provisions in employment laws are actually critical to furthering the purpose ofthe laws," he said. The provisions help workers raise concerns that an employer isn't providing […]
In June 2023, the National Labor Relations Board (the “Board”) issued a decision clarifying the test used to determine whether a worker is an employee under the National Labor Relations Act (“NLRA”) or an independent contractor. The decision is significant because the NLRA provides employees (not independent contractors) with important protections, including forbidding employers from […]
On August 25, 2023, the U.S. Court of Appeals for the Second Circuit held that whether an employer knows an employee is not being paid is irrelevant to liability under the Fair Labor Standards Act (“FLSA”) in Perry v. City of New York. Rejecting the City of New York’s argument that they cannot be held […]
On August 25, 2023, the Second Circuit upheld a $17,780,063 jury verdict in favor of 2,519 EMTs and paramedics who sued the City of New York for overtime, alleging that the City required them to perform work before and after their shifts without compensation. Before clocking in and responding to calls, EMTs and paramedics […]
Customer service representatives may be entitled to compensation for time spent logging into and out of computer programs and apps before their shifts. For example, a recent lawsuit against Wayfair alleges that its customer service representatives (“CSRs”) spend an average of 10-15 minutes before each shift: “turning on and logging into…computers; connecting to [Wayfair’s] virtual […]
Don’t face workplace injustice alone. Our team is ready to listen, advise, and fight for your rights. Contact us today for a confidential, no-obligation consultation.