Wage & Overtime

Minimum Wage

Outten & Golden attorneys represent workers to recover their lawful minimum wages in class action suits in both federal and state courts. Our lawyers advocate for workers in numerous and diverse industries to recover their lawful wages through successful class action prosecution. 

All workers must be paid a lawful minimum wage under both federal and state law. The federal minimum wage varies over time; state laws can require a higher minimum wage than the federal standard but not a lower one. Although employers are aware of these well-published laws, some employers attempt to profit at the expense of their workers by refusing to pay them according to the minimum wage laws. Outten & Golden's attorneys have the expertise and experience to prosecute “wage theft” cases.

Related Cases

Conde Nast

Status:
Resolved

On June 13, 2013, Outten & Golden LLP filed a Class Action Complaint in the United States District Court for the Southern District of New York against Advance Magazine Publishers, Inc., d/b/a Conde Nast Publications, on behalf of two former Conde Nast interns. The complaint alleges that Conde Nast...

TGI Friday’s

Status:
Resolved

On April 18, 2014, Outten & Golden LLP, together with our co-counsel Fitapelli & Schaffer, LLP, filed a class action complaint in New York district court against TGI Friday’s and Carlson Restaurants on behalf of tipped workers.  The lawsuit accused TGI Friday’s of violating federal Fair Labor...

News

DOL to Narrow Franchiser, Staffing Wage Liability

Bloomberg Law—Jaclyn Diaz and Chris Opfer

The Labor Department proposed a new regulation April 1 to limit shared wage and hour liability for companies in franchise and staffing arrangements.

The proposed rule narrows the situations in which businesses can be considered “joint employers” of a group of workers. The question often comes up when workers at a franchise restaurant try to sue the franchiser for unpaid minimum wages and overtime. It’s also been at the center of debates over whether companies should be required to bargain with workers provided by a staffing firm.

“This proposal will reduce uncertainty over joint employer...

Transportation Cases To Watch In 2019 (New Prime Inc. v. Oliveira)

Law360—Linda Chiem

New Prime Inc. v. Oliveira

In a case closely watched by the trucking industry, the U.S. Supreme Court will decide whether the Federal Arbitration Act exemption for interstate transportation workers applies to independent contractors. Section 1 of the FAA exempts from arbitration "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce."

The justices heard oral arguments in October 2018 in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage. The high...

Tipped Workers Due Full Minimum Wage for Untipped Jobs: 9th Cir. (1)

BNA Labor & Employment on Bloomberg Law—Jon Steingart

Restaurant servers and bartenders at International House of Pancakes, Denny’s, and P.F. Chang’s China Bistro restaurants who say their employers underpaid them had their case revived by the U.S. Court of Appeals for the Ninth Circuit Sept. 18.

“This decision will help millions of waitresses, waiters, bartenders, and other hard-working servers get paid a decent wage and reasonable tips, and it will push back on unemployment rates for janitors, prep cooks, and others who don’t earn tips,” Jahan Sagafi, an attorney who argued for the workers, told Bloomberg Law by email Sept. 18.

Although the...