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Articles Posted in Wage and Hour Disputes

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New Laws Require Employers in Some New Jersey Cities to Provide Paid Sick Leave to Employees

The United States generally lags behind many other nations when it comes to various employment benefits, particularly paid leave. Allowing employees to take time off when they are sick, without having to worry about losing pay, seems like a sensible policy, but sick leave is entirely voluntary for most employers…

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Lawsuits, Pending Legislation, Address Question of Whether NFL Cheerleaders Are Employees or Independent Contractors

The question of whether an individual is an “employee” or an “independent contractor” determines whether or not they enjoy the protection of a wide range of employment laws at the city, state, and federal levels. Employees of covered employers are protected by laws related to minimum wage, overtime pay, and…

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The Distinction Between an “Employee” and an “Independent Contractor” is Critical in New Jersey Employment Law Claims

Numerous laws at the federal, state, and city levels protect employees from a wide range of adverse acts by employers, including discrimination, harassment, withholding of pay, and unreasonable or excessive work hours. Whether the remedies offered by a particular law are available to you depends on two factors: whether your…

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New York Pizza Franchises Incur Judgments, Fines for Minimum Wage and Overtime Violations

The New York Attorney General (AG) has obtained about $3.8 million in judgments and settlements from multiple pizza franchise operators in recent months for violations of state minimum wage and overtime laws. This includes judgments against two companies that operate Papa John’s pizza delivery businesses and settlements with five Domino’s…

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Former Nanny Files FLSA Lawsuit Against Singer, Claiming $100,000 in Unpaid Overtime

A woman who worked as a nanny for a famous singer at her home in New York City filed suit earlier this year for alleged wage law violations. DaCosta v. Carey, et al., No. 1:15-cv-00596, complaint (S.D.N.Y., Jan. 28, 2015). The plaintiff claims that the defendant required her to work…

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$2.3 Million Settlement Resolves Misclassification, Overtime Dispute Between Exotic Dancers and Clubs, Leaves Question of Whether They Were Employees or Independent Contractors Unanswered

The plaintiffs in a putative collective action under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., have settled their dispute with the defendants, which included allegations of misclassification and failure to pay overtime wages. A federal magistrate recommended approval of a settlement in which the defendants…

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New York State Attorney General Sues Pizza Franchisee for Alleged Wage Violations

The New York State Attorney General (AG) filed a lawsuit against a Manhattan pizza franchisee, alleging that it underpaid hundreds of delivery workers by about $1 million. New York v. New Majority Holdings, LLC, et al., No. 452487/2014, verif. pet. (N.Y. Sup. Ct., N.Y. Co., Oct. 16, 2014). The lawsuit…

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NLRB Allows McDonald’s Employees to File Complaints Against McDonald’s and Individual Franchisees as “Joint Employers”

Employees of numerous major fast-food restaurant chains have mounted campaigns to improve their working conditions, including higher wages and fewer unpaid hours. A major hurdle for these campaigns has been the franchise model used by many chain restaurants, in which one company, the “franchisor,” owns the restaurant’s brand, logo, menu,…

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Court Rejects Proposed Settlement in Class Action Lawsuit Alleging Wage Fixing by Silicon Valley Employers

A U.S. district judge in California rejected a proposed settlement in a class action lawsuit that accuses multiple technology companies of colluding to suppress wages, saying that “the total settlement amount falls below the range of reasonableness.” In re High-Tech Employee Antitrust Litigation, No. 5:11-cv-02509, order at 6 (N.D. Cal.,…

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Court Rules that Restaurant Franchise Must Pay Employees in Money, Not Pizza

A court has fined a pizza restaurant franchise in Australia, and its owner, a total of $334,000 in Australian dollars (AUD), which is approximately $310,653 in the United States (USD), after finding that the restaurant had underpaid its employees hundreds of thousands of dollars. This amount is in addition to…

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