New Fair Labor Standards Act rules could redefine who is legally eligible for overtime pay and how much they get. Those affected may include individuals who fulfill various professional roles, including management and administration. The U.S. Department of Labor has proposed significantly increasing the threshold of what salary levels qualify as exempt from FLSA overtime. The agency hopes that this will reduce the incidence of employees being denied their proper overtime pay because their employers use their salaries to incorrectly classify their worker status.
Employers in New York and around the country have been facing more wage and hour law claims than ever before. A new study found that federal filings have gone up by 450 percent over the past 15 years. As of the end of September, there were 9,000 new wage and hour lawsuits that had been filed in federal court in 2015, not to mention the thousands of other wage and hour lawsuits that were filed in state courts.
Nurses may be required to work overtime in many parts of the country when hospitals or other medical facilities are understaffed due to an emergency situation or employees taking vacations or calling in sick, but New York is one of the states that has passed a law protecting nurses from mandatory overtime. New York lawmakers passed Restrictions on Consecutive Hours of Work for Nurses in 2009 and authorized the state's Department of Labor to enforce the regulations.
New York employees may have heard about President Obama's recent executive order that he signed on Labor Day. The order provides that federal contractors must give their workers paid sick time off from their jobs. Currently, 300,000 such workers do not have paid sick leave.
New York fans of what is often called the country's national pastime may be interested to learn about an ongoing wage and hour lawsuit filed by a group of minor league baseball players against 22 different Major League Baseball franchises in eight states. Recently, a California judge ruled that the case can proceed to the discovery stage.
Workers in New York are sometimes entitled to receive payment from their employer for time that is not actually spent working. Whether or not an employee receives payment for downtime will depend on the type of job that they do and how long their shifts last.
A Papa John's franchisee was ordered to pay workers nearly $800,000 for unpaid wages and other damages by a New York judge. The franchisee, Emstar Pizza Inc., owns and operates seven Papa John's restaurants in Queens and Brooklyn. According to the state's attorney general, the multi-unit franchisee rounded employee's hours down to the nearest whole hour before paying them and failed to pay them overtime in violation of state law.
It is estimated that 90 percent of American workers come to work when sick. While many companies offer workers some sort of paid time off, certain state and local governments mandate when employers must provide paid sick leave. In New York City, companies with more than five employees must offer employees up to 40 hours a year in paid sick leave.
In New York state, most employees are owed overtime pay if they work more than 40 hours in a given week. When calculating overtime pay, a workweek is defined as seven consecutive 24-hour periods. The workweek can be set by the employer, and multiple workweeks may be used for different groups of employees. In some cases, residential employees may not receive overtime until they work 44 hours or more in a workweek.
New York workers may be interested in an article about recent wage disputes in the U.S. According to reports, a number of lawsuits have alleged that employees are not being properly paid for hours that they are working.