NYC's Bimmy's Accused of Wage Theft

Posted on August 5th, 2010 No Comments

Former employees of the famous New York City sandwich wholesaler, Bimmy’s, are suing the company for allegedly violating federal and state labor laws.

According to court documents filed in Brooklyn federal court, Bimmy’s and its owner, Elliot Fread, are accused of failing to pay the workers who prepare its sandwiches in factories in New York City the applicable minimum wage rate for all hours worked and overtime. The lawsuit claims the company’s practices violate the federal Fair Labor Standards Act and the New York Labor Law.

Attorney Rachel Bien, who represents the two former Bimmy’s employees who filed the lawsuit, released a statement saying: “Bimmy’s slogan is ‘Food Made With Love.’ Unfortunately, our clients allege that Bimmy’s have not shown the same love to the workers who actually make the food. We hope that this lawsuit will convince Mr. Fread to change his company’s policies and practices.”

If you feel you have not been given the overtime payment you deserve, you should contact an overtime collection attorney of Tycko & Zavareei, LLP., by calling 202-973-0900. Know your rights and your options, and be sure to discuss your case with a legal professional today.

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Illinois to Increase Wage Theft Penalties

Posted on July 30th, 2010 No Comments

Employers guilty of wage theft will face stiffer penalties in Illinois under a new bill that is set to be signed into law.

Governor Pat Quinn is scheduled to sign the new wage theft bill Friday. Under the new law, a repeat offense by an employer will be considered a felony instead of a misdemeanor. Employers who violate wage theft laws will have to pay employees back with interest.

The new legislation gives the Illinois Department of Labor increased oversight in dealing with the more than 10,000 wage theft claims it sees annually. The agency would directly deal with claims of $3,000 or less, which make up the majority of claims.

The law also provides some new worker protections, like anti-retaliation provisions.

Cases like this illustrate the way in which workers can be worked tirelessly without proper compensation from their employer. If you feel you have not been given the overtime payment you deserve, you should contact a Overtime Collection Lawyer of Tycko & Zavareei, LLP., by calling 202-973-0900. Know your rights and your options, and be sure to discuss your case with a legal professional today.

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CA farm workers wait for overtime bill

Posted on July 23rd, 2010 No Comments

Farm workers in California are waiting for Governor Arnold Schwarzenegger to sign a bill to dramatically change the state of California’s overtime pay laws for farmers.

Currently, farmers in California receive overtime pay only if they work over ten hours a day or over sixty hours a week.  The traditional overtime regulations for other occupations give workers time-and-a-half, or overtime pay, if they work over eight hours a day or forty hours a week.

State Senator Dean Florez introduced Senate Bill 1121 to change the overtime law for farm workers so that they could receive the traditional overtime pay of over eight hours a day or forty hours a week.  The bill has already been passed by the California senate and now only needs a signature from Governor Schwarzenegger.

If you or someone you know is not receiving the overtime pay they deserve, contact the Fair Labor Standards Act lawyers of Tycko & Zavareei LLC at 202-973-0900 to learn more about your rights.

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Drug reps fight for overtime pay

Posted on July 16th, 2010 No Comments

The U.S. Department of Labor is fighting for pharmaceutical sales representatives’, or drug reps, rights to overtime pay.  So far, federal courts have dismissed two arguments made by drug companies failing to pay overtime to drug reps.

Federal courts first rejected the argument that drug reps should be classified under the Fair Labor Standard Act’s “Outside Salesman” exemption.   They found that this exemption does not apply to pharmaceutical sales rep because they are not technically selling products, but providing information to physicians about a drug.   In fact, drug reps are prohibited by both state and federal law from actually making sales.

Secondly, courts rejected the argument that drug reps are exempt as “Administrative Employees” because the number of visits to physicians’ offices is set by the drug company, not by the drug rep.

These decisions could be the first step to pharmaceutical sales representatives receiving the overtime pay that they deserve.

If you or someone you know is not receiving the overtime pay they deserve, contact the Washington D.C. overtime lawyers of Tycko & Zavareei at 202-973-0900 to learn more about your rights.

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CA Port Truckers File Class Action Wage Theft Lawsuit

Posted on July 9th, 2010 No Comments

Two southern California port drivers have filed a class action lawsuit against Sun Pacific Trucking and Pacific Green Trucking alleging they were denied minimum wage, meal and rest periods.

Adam Luetto, who is representing the truck drivers said wage theft in the industry is common. “Port drivers consistently claim that they are forced to drive long hours without breaks and required to perform work they never get paid for… These drivers, unsurprisingly, are simply tired of working for free and we are working hard to hold their employers responsible for such unlawful employment practices.”

Jorge Ramirez, one of the plaintiffs said wage theft was commonplace at the company. “Sun Pacific didn’t pay us for all of our time,” Ramirez said. “Nearly every day, Sun Pacific would have us work an extra hour here, an extra half-hour there. By the end of the week, all those hours add up, but we would never see our hard-earned money.”

If you have been cheated out of your proper wages, you may be eligible to reclaim those funds. Contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.

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New York Passes Historic Wage Theft Reform

Posted on July 2nd, 2010 No Comments

The New York State Senate and Assembly passed a historic piece of legislation, Friday, designed to combat wage theft in New York.

The new legislation will make it easier for cheated workers to collect on unpaid wages and hold employers accountable for violating wage and hour law. The bill’s reforms put the state on par with national leaders in the fight against wage theft, a crime wave which is responsible for nearly $1 billion stolen from workers every year in New York City alone.

The bill also ensures that responsible employers will operate fairly with those employers who would seek to violate wage laws. As more wages are paid properly, tax payers could benefit from some kind of tax relief.

If you have been cheated out of your proper wages, you may be eligible to reclaim those funds. Contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.

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Labor Dept. Increases Child Labor Penalties

Posted on June 24th, 2010 No Comments

The United States Department of Labor is increasing the penalties against employers who illegally use child workers.

According to Labor Secretary Hilda Solis, the new fines are part of a renewed effort to crack down on illegal child labor. Under the new law anyone illegally employing 12 and 13 year-olds will face a penalty of $6,000 for each violation. The maximum fine was previously $900. Employers using children under 12 years-old will face a penalty of $8,000 per violation; up from the previous $1,150 maximum.

The new penalties could go as high as $11,000 per violation in cases that involve injury or willful and repeated offenders. The increased penalties take effect immediately and apply to any violation occurring on or after June 1.

If you or someone you know is a minor working illegally under the Fair Labor Standards Act, contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.


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Farm laborers face new bill

Posted on June 17th, 2010 No Comments

A new bill could remove the child labor exemptions established under the Fair Labor Standards Act, disallowing children to work on farms.

The Children’s Act for Responsible Employment would remove the exemption of the Fair Labor Standards Act that allows children between the ages of 12 and 17 years to work on a farm so long as parents give their consent and conditions are markedly safe. The new law requires a parent or legal guardian to be present at all times if a child wants to work on a farm.

The bill has no exemption provisions for groups like 4-H that provide educational services for minors.

Opponents of the bill noted that the legislation is primarily aimed to stop underage workers in migrant immigrant families, but still affects sedentary farmers. They see this as another case of advocates and law-makers who are unfamiliar with agricultural lifestyles making laws that affect a wider range of families than expected.

If you or someone you know is a minor working illegally under the Fair Labor Standards Act, contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.

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Charter settles FLSA suit out of court

Posted on June 10th, 2010 No Comments

A settlement in a class-action lawsuit filed against Charter Communications will pay a total of $18 million dollars.

Charter is a St. Louis-headquartered cable company, being a major presence in the Midwest’s market. According to its employees, field technicians were not paid for the entirety of their hourly work, despite the company’s current employment policy.

The company opted to settle this case out of court, as they did not wish to become financially tied down by a major lawsuit. The suit originally came up from a 2008 Wisconsin case in which roughly 8,000 employees sued the company for unpaid wages. According to the employees, the company failed to compensate workers for time spent loading and unloading company vehicles, travel times, and other necessary actions such as restocking company vehicles and inspecting inventories. The workers contended that these violations were in opposition to the Fair Labor Standards Act, which protects workers from wage theft and similar scenarios.

If you have been cheated out of your proper wages, you may be eligible to reclaim those funds. Contact the Fair Labor Standards Act lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.

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Tyson restructures timekeeping

Posted on June 3rd, 2010 No Comments

Tyson Foods settled with the U.S. Department of Labor to develop a new employment plan that provides better record-keeping mechanisms for its employees.

Part of the settlement included paying a due $250,000 in back wages to employees from a 2009 case, which led to the Department of Labor and the poultry company to retool their current record-keeping methods. According to the timekeeping solutions, processing line workers will be offered an additional 8 to 12 minutes of paid time per shift in order to make clocking in and clocking out more amenable to the average employee. In addition, new measures will eventually implement a system that allows employees to clock in prior to putting on certain pieces of clothing required for the job, and, likewise, allow the employee to clock out after those same pieces of clothing are removed. As timekeeping can led to problems in company records, and with even little differences in policy making the work experience easier, these new solutions are expected to help Tyson workers make sure they get clocked in and clocked out on a timeframe that works better for them.

The new solutions do not extend to unionized workers currently, but the union will be offered to accept the new timekeeping measures and may extend them to their members.

If you or someone you know is owed back wages, a solid legal team can help you develop a course of action to get results. Contact the overtime compensation lawyers of Tycko & Zavareei, LLP, at 202-973-0900 today.

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