Gotham Pizza, a popular group of pizza restaurants in Manhattan, was ordered to pay $175,000 to its employees following multiple reports that the pizzerias failed to compensate them fairly. Gotham Pizza has locations in Chelsea, Yorkville and the Upper East Side. An investigation by Attorney General Letitia James found that
Articles Discussing General Topics Under The FLSA.
1 More Hour of Sleep but 4 More Wage and Hour Problems as Daylight Saving Time Ends
On Sunday, November 6, 2022, at 2:00 a.m., daylight saving time will end. This World War I–era practice of turning back the clock one hour in the fall became a federal law in the United States when President Lyndon Johnson signed the Uniform Time Act in 1966. The jury is
Instacart Pays $46.5 million Class Action Settlement to Misclassified Employees
Instacart, the grocery delivery app, has agreed to pay $46.5 million to settle a class action lawsuit that accused the company of misclassifying more than 300,000 delivery workers as independent contractors and thus, violating California’s labor code.
The platform employs over 600,000 “shoppers” who fulfill grocery lists and deliver
New Federal Tax Credits Require Compliance with New Prevailing Wage and Apprenticeship Mandates on Clean Energy Construction
On August 16, 2022, President Biden signed into law the Inflation Reduction Act (IRA) of 2022.
Do You Know Your Prevailing Wage?
City workers are essential to keeping the public clean, safe, and functioning smoothly. A significant portion of infrastructure, however, is not actually owned by the city. The MTA, for instance, which runs New York City’s subway system, is operated as a private corporation. But transportation is just one of
Has Lynn’s Food Grown Stale? Courts Increasingly Question Obligation to Review FLSA Settlements
For 40 years, the majority of federal courts have followed the holding of Lynn’s Food Stores, Inc. v. U.S., 679 F.2d 1350 (11th Cir. 1982), that FLSA claims may be settled only through approval by the U.S. Department of Labor (DOL) or through a lawsuit filed by the individual, in which a court of competent jurisdiction enters a stipulated judgment, after reviewing the proposed settlement for fairness.
The Importance of Wage and Hour Audits
In this episode, Jen discusses why employers should conduct workplace wage and hour audits and how to keep the results privileged.
Can Even Stranger Things Still Happen? Florida is Blocked From Enforcing “Stop-WOKE” Law… For Now
Following a series of stops and starts, Florida’s Individual Freedom Act (IFA), or the so-called “Stop-WOKE” law, was partially enjoined on August 18, 2022. The law, which went into effect July 1, 2022, had dramatically restricted the sorts of communications employers and educators are permitted to make concerning diversity,
American Chicken Processors Sued for Unlawful Wage-Fixing
It is no secret that Americans love chicken. Chicken is the most popular protein in the country, and the American chicken industry is the largest in the world. Producing such a popular product has led some poultry processors to engage in unlawful behavior to maximize their profits at the expense
Esri Settles Pay Discrimination Lawsuit with the Department of Justice
Esri, a digital mapping and analytics company based in Redlines, California, agreed to pay $2.3 million settlement in a discrimination lawsuit. The Department of Justice (DOJ) sued the tech company in 2017 following allegations that Esrii paid its female employees less than their male counterparts.
After a year-long investigation, the
With so many nonexempt employees working remotely, what should be our key wage and hour compliance priorities?
Decision by Federal Court in Pennsylvania Questions Prevailing View that Judicial Approval is a Prerequisite to Settling Individual FLSA Claims
Since the Eleventh Circuit decided Lynn’s Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), the prevailing view has been that parties to individual lawsuits under the Fair Labor Standards Act (FLSA) must seek judicial approval (or approval from the Department of Labor) to settle and
CEO of EMD Sued for FLSA Violations
EMD Sales Inc., an international food distribution company based in the Washington D.C. area, is currently facing an overtime lawsuit filed by three former and current employees. According to an article published by Law360, Faustino Sanchez Carrera, Magdaleno Gervacio, and Jesus David Muro had settled a previous overtime lawsuit against
Eleventh Circuit Concludes that Property Damage Investigators Do Not Fall Under FLSA’s Administrative Exemption
In Fowler v. OSP Prevention Group, Inc.,1 the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards Act’s administrative exemption, and were therefore subject to the FLSA’s minimum wage and overtime
Go Woke, Go Broke? Potential Legal Exposure for Florida Diversity Training Starts July 1
The “Stop WOKE Act” (HB7) (the “Act”) is set to go into effect on July 1, 2022, following a court decision this week declining to enter an injunction to halt the Act. The Act, among other things, restricts employers from requiring diversity training that “espouses, promotes, advances, inculcates, or compels [employees] to believe” certain prohibited concepts related to race, color, sex or national origin. In a previous Legal Alert, we summarized the Act and provided insight into what this new law will mean for employers. While Florida’s law is the first of its kind, there is speculation that other states could adopt similar legislation in the future.