Fisher Taubenfeld LLP

Posts tagged "Labor Law"

U.S. Supreme Court upholds trucking contractor rights

While the U.S. Supreme Court has a long history of supporting big business, on January 15, 2019 interstate truck driver contractors received their support. In an 8-0 decision, interstate truck drivers were found to be exempt from the mandatory arbitration clause typically associated with contractors.

Amazon Prime Now Drivers: Employees or Contractors?

The issue of whether certain workers should be classified as employees or independent contractors has jumped to the forefront in recent years, largely because of Uber - lawsuits have popped up around the country arguing that Uber drivers are actually regular employees, not contractors, and thus deserve the protections and benefits afforded to employees by law. Generally, this has been portrayed as a "sharing economy" issue, a byproduct of the rise of lone gunmen workers joining up with tech firms to offer a service quasi-individually. But actually, most notably with UPS and FedEx drivers, this is something that has been considered in the legal field for years now, before Uber was on the scene.

Does my employer have to provide notification of a layoff?

Federal and state laws require that certain employers give their employees notification prior to a mass layoff or closing. The law related to this is called the Worker Adjustment and Retraining Notification Act, or WARN, and different states have implemented different versions of the federal legislation.

New York attorney general wants answers from retailers who use on-call staffing

Most people know that doctors and other salaried practitioners may be on-call to provide treatment or services. This kind of scheduling system makes sense for emergencies and other special situations, which could be addressed in an employment contract.

When does your boss have to provide you with detailed wage information under New York law? The answer may depend on the judge.

Wage theft - the practice of employers withholding rightful pay or benefits owed to their employees - has been illegal in the United States since 1938, when Congress passed and Franklin Roosevelt signed into law the landmark Fair Labor Standards Act (FLSA). This federal law, which FDR himself called the "most important Act" of New Deal legislation since Social Security was created, is the reason that Americans have a minimum guaranteed wage at all. According to the FLSA, if your boss denies you money or benefits that you rightfully earned, you may sue him or her in federal court and receive your stolen back-pay, and in some cases, additional "liquidated" damages.

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