23 Green Street, Suite 303
Huntington NY 11743
Blau Leonard Law Group, LLC. has earned the highest AV Preeminent rating by Martindale-Hubbell and has been recognized by New York Magazine,as New York area "TOP RATED LAWYERS" in class actions in Labor and Employment.
Wage and Hour Class Actions
Employees are often required to work longer hours, accomplishing more, while being paid less. To achieve this, employers will often misclassify employees as exempt from overtime, when they are not; as independent contractors, when in fact, they are bona fide employees; and demanding employees work off the clock; or failing to properly record all hours worked. The discrepancies between the wages earned and the hours worked is a section of employment law referred to as "Wage and Hour".
The wage and hour provisions are governed by the Fair Labor Standards Act (FLSA). Employers often violate three categories of the wage and hour requirements: unpaid wages, unpaid overtime wages and a failure to meet minimum wage requirements.
Generally speaking, non-exempt employees (regardless of whether they are paid by the hour or salary) must be compensated for any time spent working for the employer. This includes work that is performed before the employee is clocked in or after the employee is clocked out as well as work performed away from the employer's job site. A few examples of hours worked that should be compensated include:
The salaried employee who is told he/she is exempt from overtime, but he/she does not meet the required salary test and/or the duties test to qualify for the exemption;
A carpenter or plumber that is required to return to the shop to drop off a helper or tools on his way home, each day after clocking out;
Factory workers who come in early to put on indispensable protective gear before clocking in, prior to the start of their shift and spending time taking it off, at the end of their shift, after clocking out;
An employee who does extra work in the evenings in order to meet a deadline; and
An employee whose half an hour lunch break is automatically deducted from his/her time card whether he/she takes the break or not.
The FLSA's statutes dictating overtime requirements can be particularly complex, and thus particularly subject to misinterpretation (intentional or not) by employers. For non-exempt employees, the FLSA stipulates that workers must be paid at a rate of at least one and one half times their regular hourly rate for any hours worked over 40 per week. Although the law does not prohibit an employer from limiting the number of hours an employee works per week, the employee must be paid at time and one half for hours worked in excess of 40.
Contact Our Wage and Hour Attorneys
If you believe that you have been denied overtime pay due to misclassification or that you or your co-workers have not fully been paid for overtime wages please contact our office today.
Our firm has extensive experience handling overtime and consumer class actions on a nationwide basis, as well as cases involving medical malpractice, defective drug and medical device products and other issues involving personal injury and wrongful death.
Blau Leonard Law Group, LLC is a dynamic law firm led by experienced attorneys with a proven track record of delivering superior results. We routinely battle and succeed against the most stalwart, powerful defense firms in the country.
Our mission is to be tenacious, aggressive and better prepared than our adversaries. We are committed to giving every one of our clients individualized attention, sound advice and unparalleled legal representation. Personable and always accessible, our attorneys are tireless advocates for your case. Bottom line...we are able to strike a balance between a high level of quality, personal service and the knowledgeable representation that clients need for a successful outcome of their claim.
An aggressive and tenacious trial attorney /litigator prosecuting and defending complex cases in both the state and federal courts, Steven Bennett Blau received recognition for his excellent professional skills and achievements, by being appointed as an ADR Mediator by the U.S. District Court, Southern District of New York in 2001. Steven was lead class counsel in the MDL, In re Aon Corp. Wage & Hour Employment Practices Litigation No. 08CV5802 (Hon.Charles P. Kocoras) U.S.D.C., Northern District of Illinois and appointed as a member of the Plaintiffs' Steering Committee in In Re Nuvaring Products Liability Litigation, 4:08 MDL 1964 (RWS), United States District Court, for the Eastern District of Missouri.
Shelly Leonard has extensive litigation experience. She handles a wide variety of complex litigations, including class actions and mass torts in the areas of pharmaceutical, wage and hour, labor and employment law, commercial/business litigation, consumer fraud, professional liability, negligence, medical malpractice and products liability.
Shelly has forged a reputation in the pharmaceutical litigation acting as co-liaison counsel of In Re NuvaRing Litigation, a Multicounty litigation pending in the Superior Court, Bergen County, New Jersey. New York Magazine recently named Shelly a Top Rated Lawyer in Class Actions and Mass Torts.
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