Wage & Overtime

Outten & Golden attorneys fight to ensure that workers are paid all the compensation they have earned. We represent workers whose employers have violated federal and/or local laws governing minimum wage, overtime, misclassification, exemptions, tips, commissions, prevailing wages, and other kinds of compensation. We often represent groups of workers who have suffered the same kind of wage theft by the same employer in class or collective actions.

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News

Supreme Court’s Wage, Hour Shift: More Than Minor Tuneup

Bloomberg Law—Jon Steingart

Workers, businesses, and their lawyers face a different landscape for litigating under the Fair Labor Standards Act.

The U.S. Supreme Court abandoned a long-standing canon for how to apply exemptions to the Fair Labor Standards Act’s minimum wage and overtime requirements. An employee who works more than 40 hours per week generally is eligible for time-and-a-half pay for those extra hours under the Fair Labor Standards Act unless an exemption applies.

On April 2, the court ruled 5-4 that the law doesn’t cover car service advisers at Encino Motorcars, a Mercedes-Benz dealer in Southern...

Full 9th Circ. To Rethink Nixing DOL Tip-Credit Guidance

Law360—Cara Bayles

A confederation of waiters, bartenders and other service workers got a second shot Friday at claims they’re underpaid for tasks that don’t garner tips, when the Ninth Circuit agreed to revisit its decision favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance.

In September, a Ninth Circuit panel found courts owed no deference to the 2016 document outlining when employers can claim tips as a credit toward the $7.25 federal minimum wage they’re required to pay workers. The panel said the DOL had attempted to “create de facto a new regulation” with...

Should Tipping Be Banned?

freakonomics.com—Suzie Lechtenberg

The following is an exceprt from the program transcript. The full transcript can be viewed here. The full program can be heard here.

Justin SWARTZ: I think it is plausible. My firm would take a good, hard look at a case if a server came to us and made that complaint.

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DUBNER: Justin Swartz is a lawyer at Outten & Golden in New York City. He represents employees in class-action discrimination cases. He’s sued some of the biggest restaurants in New York for shorting employees on the tips they deserved. If his firm were to take on a...