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$104,000.00 Settlement – Violations of the New York State Labor Law

Violations of the New York State Labor Law
New York Employment Law Firm Represents a Collective Group of Drivers

Firm represented a collective group of drivers against their former employer, a business that provides limousine, sprinter, bus, and other transportation services to individuals in the State of New York.  Defendant retained a substantial portion of the gratuities that its customers intended for its drivers.  Specifically, when customers paid gratuities via credit card, Defendant would retain all of the money for its own use, thus failing to provide gratuities to Plaintiffs.  Making matters worse, on each occasion when it paid Plaintiffs, Defendant failed to provide Plaintiffs with a wage statement that accurately listed, their actual hours worked for that week, or their rates of pay for all hours worked.  Instead, Defendant represented that it paid each Plaintiff by commission and tips only, despite Defendant’s actual agreement to pay each driver on an hourly basis and its failure to remit all gratuities as previously explained.  Additionally, Defendant failed to provide Plaintiffs with a wage notice at the time of their hire that accurately contained, Plaintiffs’ rates of pay and regular payday as designated by the employer as the New York Labor Law requires.  After negotiations, the case concluded in a settlement in the amount of $104,000.00 to resolve Plaintiff’s claims.  Michael J. Borrelli and Alexander T. Coleman handled the matter on behalf of the Firm.

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108 Hits

California Court Orders Uber and Lyft to reclassify their drivers as employees

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Independent Contractor vs. Employee

On August 10, 2020, San Francisco Superior Court Judge Ethan P. Schulman recently ordered Uber and Lyft to classify its drivers as employees, in a startling upset to the multimillion-dollar rideshare companies that base their business models on working with drivers as independent contractors rather than hiring them as employees. 

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130 Hits

Independent Contractors Affected by New Laws

Gig economy
Employment Law Update - New Laws for Independent Contractors

A new freelance law to protect California independent contractors recently went into effect and a similar law could be coming to New York State.

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495 Hits

Contracted or Employed? Legal Status of “Gig” Workers Remains Uncertain

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In the modern employment world, people are increasingly taking advantage of the “gig” businesses, like Uber, GrubHub, or Upwork, as a full-time job. While the flexibility of these gig jobs is enticing, those who work for these gig businesses need to understand the nature of their relationship, specifically: are they an employee or a contractor? Many people view themselves as employees, especially when they rely on a gig business as their main source of income, however, in Matter of Vega [Postmates Inc.], decided June 21, 2018, the New York Appellate Division of the Third Department issued an opinion addressing this question by examining the working relationship of a Postmates delivery worker, Mr. Vega. Mr. Vega had been terminated and sought unemployment insurance benefits, which Postmates opposed on the grounds that Mr. Vega was not an employee and thus not entitled to the benefits. The Department of Labor Commissioner ultimately decided that Mr. Vega qualified as an employee. Postmates appealed the decision of the Commissioner and in Matter of Vega [Postmates Inc.], the court overturned the Commissioner’s decision, finding that there was no employment relationship.

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1011 Hits

What’s the Difference between an Employee and Independent Contractor?

The stagnant economy has forced many employers to take creative action when it comes to protecting their bottom line. Unfortunately, some have gone too far and are doing things that are unethical or downright illegal. One of the most common ways employers bend the rules is in employee misclassification. Some companies, in an effort to reduce their obligation to employees, are listing those performing work as independent contractors (ICs), when in fact they should qualify as employees.

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  2260 Hits
2260 Hits

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