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Unpaid Overtime

Amazon Package Facility and Amazon Logo

Companies have tried any number of methods of insisting that workers are not in fact their employees. Why? Because regular employees have protections under laws like the Fair Labor Standards Act (FLSA), while independent contractors do not. The complaint for this class action claims that Amazon.com, LLC and Amazon Logistics, Inc. avoid their responsibilities to delivery drivers by claiming they work for On the Go Express, LLC and not Amazon.

Aboveground Storage Tanks

Under the Fair Labor Standards Act (FLSA), companies must pay employees overtime for all hours worked over forty each week, unless the workers are exempt from overtime pay under the law. The complaint for this class action alleges that Rockwater Energy Solutions, Inc. paid its oilfield workers a flat day rate and did not pay them overtime if they worked more than forty hours in a given week. It contends that these workers were regular employees and should have been paid overtime at one and a half times their normal hourly rate.

Lord & Taylor Shoe Department

Susannah Mulhearn worked in the Lord & Taylor Eastchester store in Scarsdale, New York, in the Ladies’ and Men’s Shoe Departments. The complaint claims that Lord & Taylor, LLC violated both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) on several counts relating to overtime pay, minimum wages, and commissions, as well as paying for all hours worked. 

Salad and Dressing from New University Deli in Plastic Containers

It seems that the eight-hour day our forebears supposedly established for workers still doesn’t cover low-paid workers in city restaurants. The complaint for this class action claims that the New University Deli paid flat weekly salaries and did not calculated overtime at the legally-required rates. The complaint also claims other violations of federal and state laws about minimum wages and the spread of hours, but these are related to the overtime claim. 

Close-Up of Work Boots

The Fair Labor Standards Act (FLSA) was designed to protect workers from exploitation and abuse by employers. Plenty of employers, particularly at the lower end of the pay scale, are willing to try to force their workers to do unpaid labor (or improperly paid labor). The complaint for this class action alleges that General Workforce did not pay its workers proper overtime or, in some cases, any overtime at all. 

Handing Out Samples at Food Demo

Summit Retail Solutions, Inc. helps companies market their products, sometimes with in-store demonstrations, samples, or sales pitches by brand representatives. The complaint for this class action alleges that brand representatives were encouraged by the company’s pay structure to under-report their hours worked per week. They were therefore not paid for all hours worked and not paid overtime.

Food plate from Tacos al Suadero

Tacos al Suadero is a restaurant with three locations in Queens, New York, with the legal name of GAL Food Corporation. The complaint for this class action alleges that the restaurant and its owners did not pay employees for the overtime they worked, among other violations of the Fair Labor Standards Act (FSLA) and the New York Labor Law (NYLL).

Women's Cosmetics

It seems that even beauty stores can have unbeautiful labor and employment practices. The complaint for this class action alleges that Ulta Salon, Cosmetics & Fragrance, Inc. violated labor laws in a host of ways, including by not paying proper minimum wages or overtime, not giving employees proper meal or rest periods or payment for missing them, and not providing proper wage statements. Most of the allegations involve violations of the California Labor Code.

Food Plate from Sophie's Cuban Cuisine

Some people receive tips as part of their work—waiters and delivery persons, for example. Employers may take a “tip credit” and pay these workers less than the minimum wage for their tipped duties. However, the complaint for this class action claims that two Sophie’s Cuban Cuisine restaurants paid workers less for non-tipped duties as well. Also, the complaint claims that the employers violated other federal and state labor laws as well. 

Manhattan Diner Facade

Employers sometimes try to pay employees less by hiring them for one kind of work and then requiring them to do another kind of work at the same wage. The complaint for this class action claims that workers at Manhattan Diner (officeially Karpenisi Rest, Inc.) were hired as tipped workers but made to do other non-tipped work. The complaint also alleges that their employers did not pay for all hours worked or pay proper overtime and that they violated other provisions of the FLSA and NYLL.

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