Articles Tagged with wage and hour lawyer

In our last post, we discussed a Federal Judicial Center (FJC) analysis that’s found a dramatic rise in the number of wage-and-hour cases filed throughout the U.S. over recent years.

Drilling down to a more local level, a parallel trend in FLSA actions has occurred here in New York State:

•    In fiscal year 2009, plaintiffs filed 652 wage-violation cases in New York State alone.

In our last blog post, we reported on New York State’s Fast Food Wage Board’s July decision to incrementally elevate the minimum wage for fast food workers in New York City to $15 an hour.

That change will nearly double the current minimum wage of $8.75 and will likely shake up New York’s restaurant industry. But how, exactly, will this paradigm shift affect things? Will the changes all be good (from the perspective of workers)? Or will there be subtle, potential dangers?

Our New York employment law firm has agitated for better treatment and fairer pay for restaurant workers for years. Our attorney, Maimon Kirschenbaum, has even won the distinction of being known in the press as the “Scourge of Restaurateurs.”

A legal decision upholding the rights of workers at Tyson Foods pork processing plants came under fire recently as Tyson filed a petition to have a $5.8 million judgment overturned. The judgment was initially awarded following a case in U.S. District Court that found workers at a plant in Iowa had not been properly compensated for the time it takes to sanitize equipment when their shifts end, nor the time involved in putting on and taking off protective gear required for working at the plant.

At the time the case was filed, Tyson paid workers an additional four to seven minutes’ pay each day for these activities, but workers said the time actually used in performing the activities was much greater – sometimes as much as 30 minutes. Tyson responded by increasing the extra pay to 20 to 22 minutes’ extra pay for each shift for its hourly employees.

The workers’ legal team countered by claiming Tyson violated the Fair Labor Standards Act (FLSA) as well as state laws by neglecting to pay overtime for actual time worked, and the class action suit was filed and won.

San Francisco has joined its sister city, Oakland, in establishing the highest minimum wage rates in the country, increasing the citywide minimum wage from $11.05 to $12.25. The hike occurred on April 15th following Oakland’s raise in early March, and it marks an important step toward achieving the eventual goal of $15 per hour that’s targeted for 2018, according to the Service Employees International Union 1021.

The union hailed the move in a statement issued just prior to the rate going into effect, calling it a “mass movement on behalf of all the low-wage workers in our society.”

“The Bay Area is moving to develop the first regional standard in the country for wages and working conditions,” said Gary Jimenez, SEIU 1021’s Vice President for the East Bay.

Fast food giant McDonald’s recently announced, after some significant prodding from employees, that it will increase pay for all employees by $1 an hour. While the change represents a step in the right direction, it falls considerably short of the $15 an hour many workers’ rights advocates say that employees need to survive and thrive in today’s economy.

Just a few short years ago, at the height of the most recent economic downturn, unemployed workers counted themselves lucky to find even a minimum wage job at a fast food restaurant. With the Great Recession thankfully behind us now, however, these workers are beginning to feel secure enough once again to speak out against repressed wages as well as wage and hour violations and violations of the Fair Labor Standards Act (FLSA).

Organized demonstrations across the country have put pressure on big name employers to raise wages – and companies appear to be feeling the pressure. Within the last few months, McDonald’s, Walmart, TJMaxx, Marshalls, Homegoods, and Target have all agreed to increase wages to at least $9 an hour for all employees, and some of these companies have agreed to further increases to $10 an hour within the next year. These labor victories have followed on the heels of similar wage hike successes during Election Day 2014.

Although many people may suggest that Major League Baseball (MLB) players possibly make too much money, the opposite is true for their Minor League counterparts. In the wake of a growing lawsuit against MLB, research has come to light indicating that many minor league players earn below the hourly minimum wage of $7.25 per hour.

However, the MLB’s antitrust exemption — which is unique to the MLB and no other major sports organizations — virtually exempts it from standards of the Fair Labor Standards Act (FLSA).

An MLB spokesperson made a statement in October on the situation: