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Home Attendant Case Stays in Court

Beranbaum Menken LLP is at the forefront of the fight to get home health aides who work 24 hour shifts all the wages they are entitled to by law.  Many home care agencies pay their aides a flat rate for a 24 hour shift which is less than the minimum wage.  Even if a union’s [...]

Beranbaum Menken Prevails Before the Second Circuit on FLSA Joint Employment

The question of which individuals or entities qualify as the employer or employers of a particular group of workers under the Fair Labor Standards Act (“FLSA”) and associated state wage and hour laws is becoming an increasingly common issue in minimum wage and overtime litigation. As the U.S. Department of Labor observed in its recently-released [...]

Building Superintendents and New York Wage and Hour Law: A Forgotten Profession

New York’s wage and hour law contains some of the broadest wage payment regulations in the nation, but unfortunately one particular class of workers is currently falling virtually completely through the cracks.  Under the New York Labor Law’s supporting regulations, which provide the applicable minimum wage rates in effect in the state, residential building superintendents [...]

Home Attendant Minimum Wage Class Action Certified

Beranbaum Menken is representing numerous home attendants who were not paid the minimum wage for each hour of their 24 hour shifts.  Our clients work an important and difficult job, caring for the aged and infirm in their homes, and they deserve to at least be paid for the hours they work. Yesterday, Justice Demarest [...]

Raising the Bar for NY Employees: Minimum Wage Hike

New York’s minimum wage increased from $7.25 to $8 per hour on December 31, 2013. This is the first of three increases approved by the state legislature and Governor Andrew Cuomo when they approved the state budget in March. That may not seem like a lot, but that can easily add up to over $1,500/year, [...]

Court Workers Deserve Overtime, Too

A lawsuit filed recently in the Southern District of New York alleges that the Office of Court Administration (“OCA”) has been pressuring court clerks to work overtime without paying them for it. Court documents say that budget cuts and resultant staffing reductions have increased the workload for existing employees, and that impossible demands have forced [...]

Finally! DOL Gives Home Health Aides Minimum Wage and Overtime Protections

  For decades, home health aides – those who provide care to elderly and disabled patients in their homes – have been excluded from our national minimum wage and overtime laws, allowing staffing companies to pay these workers pennies on the dollar, including for grueling 24-hour shifts. This is all about to change, as the [...]

Employers Protect Themselves with Arbitration Proceedings, SCOTUS helps

The spate of recent Supreme Court rulings against employees are already trickling down through the federal courts. Following the Supreme Court’s lead in AmEx v. Italian Colors, the Second Circuit held that an arbitration clause that prevents employees from bringing class actions was binding and not against public policy, despite the fact that such arbitration [...]

Prevailing Wages Continue to Go Unpaid

New York law requires that employees who do construction, repair, service or maintenance work on public job sites (like state- or city- owned buildings such as schools, prisons, public housing developments and public hospitals) must be paid a higher-than-minimum wage (sometimes as much as $75/hour). They also must either receive health benefits or be paid [...]

Judge Rules Fox Searchlight “Interns” Are Actually Just Unpaid Employees

A judge in the Southern District of New York has ruled that interns who were essentially treated the same as paid staff — with the exception of not being paid — are actually regular employees. Federal and New York law require that employees be paid. While certain “trainees” may be exempt from these requirements, simply [...]