Articles Tagged with wage and hour attorney

An early July ruling by the U.S. Court of Appeals for the Second Circuit in the case of Gortat v. Capala Bros offered mostly good news for the plaintiffs, as the Second Circuit affirmed that they were entitled to substantial attorney’s fees thanks to overly aggressive litigation tactics used by the defendants.

The plaintiffs won a trial in 2013 that concerned the fate of seven construction workers who had alleged that Capala Bros Inc., their employer, failed to pay them time and a half overtime, per Fair Labor Standards Act (FLSA) requirements.

The workers said the company only paid them $15 to $25 an hour, even when they worked more than 40 hours in a week. The plaintiff’s attorney argued that the case was a “garden variety” FLSA matter, but the defendants “turned it into a nuclear war.” The court agreed, sanctioning the defense to the tune of $8,000 for making “ad hominem attacks on Steven Gold, a Magistrate Judge.” The summary order also noted that “delays in the case were due to defendants’ combative and extraordinary conduct that raised many unnecessary disputes regarding case management and discovery as revealed by even a cursory review of the docket sheet.”

Our New York employment law firm has filed numerous lawsuits against high-profile businesses, restaurants, and organizations for wage and hour violations, tip pool violations and other instances of flouting New York Labor Laws and the Fair Labor Standards Act (FLSA).

But what motivates this mission? Why bother compelling a restaurant to stop “nickel and diming” its wait staff, for instance, when the financial damage seems to be rather limited?

First off, we believe that people should be paid fairly for the work that they do. Period. An employee who loses $50 a week due to an unfair and illegal tip pool violation, for instance, will really feel that loss, particularly when he or she is struggling to get by in an expensive city, like New York.

As Los Angeles city leaders ponder the steps they need to take to increase wages across the city, business owners are pushing hard to have tips counted toward minimum wage requirements for workers in the restaurant industry and other service industries where tipping is more common. Currently, California labor laws prohibit business owners from counting tips toward minimum wage requirements. But area restaurant owners claim increasing minimum wage levels across the city will force them out of business entirely unless they can use tips to offset their obligations.

The California Restaurant Association has been working to rally support. In response, state Assemblyman Tom Daly recently introduced association-sponsored legislation to loosen regulations that prohibit counting tips toward minimum wage, but he indicated the legislation failed to garner enough support to move forward, despite backing from L.A. Mayor Eric Garcetti.

Studies in other areas, including New York, where tips can be counted toward wage requirements, have found that complex rules can result in workers being significantly underpaid.

Minor league baseball players may be getting the short end of the baseball bat when it comes to their wages. Ongoing litigation on behalf of 34 former minor league players against Major League Baseball (MLB), all 30 big-league teams, and others indicates that players may be getting overworked and underpaid.

The antitrust exemption held by MLB is the conflict’s primary point of contention. Regulations provided by the Fair Labor Standards Act (FLSA) do not apply to MLB in the same way as they do to other major organizations, thanks to this unique antitrust exemption. For many players, this fosters pay that averages below hourly minimum wage—a low bar that has already failed to keep up with decades of inflation.

If you are worried that your employer is paying you below minimum wage or is somehow otherwise violating the FLSA, consider the following: