Employment Law Archives - Shavitz Law Group

September 4, 2020September 4, 2020

Undocumented Workers Are Eligible for Overtime Pay

Some employers hire illegal immigrants, believing that these individuals are either not subject to wage and hour laws or will not complain of wage and hour violations due to fear of deportation. The law is clear: undocumented immigrants working in the United States have the same rights to minimum wages and overtime as U.S. citizens, and that they may pursue lawsuits to collect unpaid wages and overtime. The FLSA protects all individuals, without regard to their immigration status.

The FLSA’s protection for illegal immigrants also protects U.S. citizens. If minimum wage and overtime laws did not apply to illegal immigrants, employers would be incentivized to hire them and pay them subminimum wages, rather than hire U.S. citizens for full wages. By recognizing that the FLSA applies to illegal immigrants, the law disincentivizes employers from hiring illegal immigrants to the disadvantage of U.S. citizens competing in the labor market and employers who do not engage in these illegal practices.

Understandably, many illegal immigrants are hesitant to bring FLSA claims against their employers due to their immigration status. However, an employee’s immigration status cannot be used as a defense to an FLSA claim, and it is illegal for an employer who is claimed to have violated the FLSA to threaten the employee with deportation. Many cases have been successfully resolved for illegal immigrants who were improperly denied minimum wages or overtime.

If you are an undocumented worker who is being taken advantage of by an employer paying subminimum wages or failing to pay overtime, we can help. Call Shavitz Law Group at (561) 447-8888 or email us at [email protected] to learn about your rights.

YOU EARNED IT, NOW LETS GO GET IT.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
Attorney Advertising

August 27, 2020September 2, 2020

Gig Economy – When “Independent Contractors” Are Eligible for Employee Benefits

Many people work in the “gig economy.” They drive for Uber or Lyft; they provide food delivery services for Postmates or Grubhub; they also deliver groceries through Amazon. Many gig workers have “independent contractor” agreements with these companies which provide them with terms of compensation. Oftentimes, these agreements do not include overtime pay or benefits. In fact, not paying overtime and providing benefits is one of the reasons companies have these agreements — they save big bucks by not paying workers what they’re rightfully owed.

Recently, employees have challenged their “independent contractor” status, arguing that
the agreements closely control the employees’ work. For example, these companies
often dictate to which customers they deliver and when they must work. Depending on
the level of control, courts have found that many “independent contractors” are really not
independent contractors, but rather that they are employees and must be compensated
accordingly with overtime pay, unemployment benefits, and appropriate breaks.

Shavitz Law Group, P.A. has successfully helped many employees who have challenged
their classification as independent contractors. If you work as a driver, courier, or other
type of independent contractor and you’re curious whether you should be paid overtime
wages and other benefits, please contact us at [email protected] or 800-616-4000.
We have will provide a free consultation and assess whether you are properly classified.

YOU EARNED IT, NOW LETS GO GET IT.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800
3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ,
and TX. The choice of a lawyer is an important decision and should not be based on
advertisements alone.
Attorney Advertising

August 26, 2020September 2, 2020

What is the Difference Between a Class and Collective Action?

When a plaintiff brings a representative action on behalf of a potential group of similarly situated individuals they most frequently do so as part of a class action lawsuit. In a class action, such as for unpaid overtime wages, the plaintiff makes allegations that the harm he or she experienced is not unique and that there are many others who also suffered that same harm. If the court agrees, notice of the class action will then go out to those similarly situated class members (also known as “putative” class members) advising them of the fact that they are in the purported class. These members are by default included in the class, unless they take an affirmative step to opt out of the class.

In the employment context, the Fair Labor Standards Act (“FLSA”) has provided employees with another mechanism to bring a representative action: a collective action. Similar to a class action, a collective action begins with a representative plaintiff (or plaintiffs) who seek bringing claims on behalf of themselves and other similarly situated employees. Just like a class action, notice of the collective action will go out if the court agrees, making the similarly situated putative collective members advising them of that they’re in the purported collective. The difference between putative class members and putative collective members is that putative collective members are not by default included in the collective. Instead, they must make the affirmative step of submitting a consent form to join the collective action in order to be included. Without doing so, putative collective members are not bound by any judgment, but also cannot collect any proceeds from a settlement or judgment.

Class and collective actions have very different due process concerns and therefore have varying levels of judicial scrutiny. When a settlement is reached in a class action, all class members who do not affirmatively opt out of the class are bound by the settlement – meaning they waive their right to bring an individual claim for the claims covered by the settlement unless they opt out. Thus, there is usually a two-step approval process (preliminary approval and final approval) courts require to ensure the settlement is fair and reasonable to class members.

By contrast, courts typically only require a one-step approval process to ensure that the settlement is fair and reasonable to class members when a collective action is settlement is reached. This is because those who do not submit opt-in forms to participate in the settlement do not waive their individual rights to bring claims covered by the settlement. As such, collective action settlements are typically approved much faster than class action settlements.

SLG is experienced in bringing both class and collective actions on behalf of workers. If you have any questions about the differences between class and collective actions, believe you are owed unpaid overtime wages or have any other employment-related concerns, please do not hesitate to call us at (800) 616-4000.

YOU EARNED IT, NOW LETS GO GET IT.

Attorney Advertising

August 19, 2020August 19, 2020

A Major Victory for California Uber and Lyft Drivers

A California state judge has ordered Uber and Lyft to reclassify their workers from independent contractors to employees. This would require the companies to provide workers with benefits and better working conditions. Uber and Lyft would be responsible for paying drivers minimum wage, overtime compensation, paid rest periods, and reimbursements for the cost of driving for the companies, including personal vehicle mileage. Currently, drivers are classified as independent contractors and receive none of these benefits

Per the judge’s ruling, Uber and Lyft have refused to comply with a California law passed last year that was supposed to make it harder for companies in the state to hire workers as independent contractors. The purpose of the legislation was to give gig economy workers such as drivers the same benefits as employees.

While both Uber and Lyft have indicated they will appeal the decision, the ruling could have significant consequences for gig economy workers if it survives the appeals process. The order could have broad implications not only for ride-hailing but also the tech industry, which relies on gig workers to provide massive labor forces without providing them the traditional benefits of employment. In addition, while the decision is based upon California law, other states may follow. Given California’s market share, the ruling will undoubtedly have an impact on the industry nationwide, to ensure consistency in the treatment of ride-hailing drivers, as well as other gig workers.

If you believe you have been misclassified as an independent contractor – whether you are a driver, gig worker, or perform other work – please contact the Shavitz Law Group, P.A. at [email protected] or 800-616-4000. to ensure your rights are being protected.

YOU EARNED IT, NOW LETS GO GET IT.

Attorney Advertising

July 15, 2020July 15, 2020

Arbitration Agreement: Employers Must Provide Proof, Don’t Just Say It Exists

Many employers require employees to sign arbitration agreements which require wage disputes to be brought in arbitration instead of in court. Typically, these agreements also prohibit employees from banding together to bring their claims on a class action or collective action basis. Most often, these agreements are presented as part of voluminous onboarding paperwork and are signed by employees who do not realize they have signing them or understand the rights they are giving up. Many employees who come to us for help are surprised to learn that their employers say they signed an arbitration agreement and are virtually certain that they never saw it and never signed it.

Though the trend in the law currently favors arbitration, an arbitration agreement is just like any other contract, meaning that it cannot be enforced unless the parties actually agreed to it. Many employees and even employment lawyers take employers at face value when the employer says the employee signed the agreement, even though the employee has no recollection whatsoever of having signed. Under the law, however, an employer who wants to enforce an arbitration agreement has the burden to prove that the employee agreed to arbitration. At Shavitz Law Group, we do not simply take the employer’s word for it, but rather, our attorneys demand that employers PROVE that a valid arbitration agreement exists. This is important because employers may not have a copy of the agreement due to sloppy recordkeeping, may not be able to prove the authenticity of an electronic acknowledgment, and because unscrupulous employers have been known to forge these agreements. In addition, the arbitration agreement must be reviewed carefully as there are numerous legal and factual defenses to arbitration which may be raised. We will evaluate whether your claim must be brought in arbitration and will challenge employers who do not meet their burden of proof.

Finally, if there is a valid agreement to arbitrate, don’t assume that is the death knell of your case. Shavitz Law Group routinely represents employees in arbitration proceedings, and employers who have violated the law as to many employees often quickly realize that the expenses and burdens associated with defending multiple arbitrations can far exceed the cost to defend class action claims in court. There are several recent examples of large companies facing numerous arbitrations having to pay millions of dollars just to get in the door of arbitration forums, and thereafter asking to be let out of the very agreements they drafted and required their employees to sign.
If you were denied wages and signed an arbitration agreement or are unsure whether you signed one, please contact us at (800) 616-4000 for a free consultation.

YOU EARNED IT, NOW LETS GO GET IT.

Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY. Lawyers licensed in states including FL, NY, NJ, and TX. The choice of a lawyer is an important decision and should not be based on advertisements alone.
Attorney Advertising

May 6, 2020June 12, 2020

Families First Coronavirus Response Act (FFCRA): What Workers Need to Know

The coronavirus pandemic, which has caused our economy to come to a grinding halt, has had a drastic impact on our country’s workers. To help aid workers in their time of need, Congress recently signed the Families First Coronavirus Response Act (“FFCRA”) into law. The FFCRA provides certain employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.

To qualify for the FFCRA, the employee must work for either a public employer (excluding certain federal employees covered by Title II of the Family and Medical Leave Act) or a private employer with fewer than 500 employees.

For eligible individuals, the FFCRA provides the following relief:

1.Two weeks (up to 80 hours) of paid sick leave (at the greater of 100% of employee’s regular rate of pay or the applicable minimum wage, but not to exceed $511/day, which is $5,110 total) where the employee is unable to work — including remotely — because the employee was quarantined and/or experiencing COVID-19 symptoms and seeking a medical diagnosis, or;

2. Two weeks (up to 80 hours) of paid sick leave (at the greater of 66.67% of employee’s regular rate of pay or 66.67% of the applicable minimum wage, but not to exceed $200/day, which is $2,000 total), because the employee cannot work — including remotely — due to a bona fide need to care for an individual subject to quarantine, or to care for a child whose school or child care provider is closed or unavailable due to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor, and;

3. Up to an additional 10 weeks of paid expanded family and medical leave (at the greater of 66.67% of employee’s regular rate of pay or 66.67% of the applicable minimum wage, but not to exceed $200/day ($12,000 total) because an employee, who has been employed for at least 30 calendar days, is unable to work — including remotely — due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19.

While provisions one and two apply to all covered employees, provision three only applies to those employees who have worked for at least 30 days.

Interestingly, while an employer may require a doctor’s note to provide such leave, the FFCRA is unclear as to whether the doctor’s note is actually required before providing such leave. Thus, it’s best to provide the doctor’s note to your employer, if feasible.

If you are in need of leave to take care of yourself or a loved one and your employer does not provide you with this federally mandated leave, you may be entitled to damages under federal law. Shavitz Law Group is here to help. If you have any questions about this new law or other employment-related issues, please do not hesitate to call us at (800) 616-4000.

April 29, 2020January 25, 2021

Understanding the New Sick Leave and Child Care Laws to Help Families Impacted by COVID-19

Paid leave and child care amidst pandemic

In recent weeks, Congress has passed paid leave laws for certain workers to address the COVID-19 pandemic. One notable law is the Families First Coronavirus Response Act (FFCRA), which requires businesses with fewer than 500 employees to provide paid short-term sick leave for reasons related to COVID-19. Another law provides money for childcare for families impacted by the virus. Details concerning paid leave measures for employees amidst the COVID-19 pandemic can be found here.

Some key highlights of the new laws are:

The sick leave law requires that employers provide up to two weeks of sick leave at full pay (up to $511 per day) if the employee is directly affected by COVID-19.
The law also provides partial pay of up to $200 a day to care for affected family members suffering from COVID-19.
The law also requires that employers provide long-term paid family and medical leave up for up to an additional 10 weeks and $200 per day for their employees. This measure will help to provide for children whose schools or childcare facilities are closed as a result of the pandemic.

In these challenging times, it’s important that you know your rights in the workplace, especially as new laws are being passed on a weekly basis that change how employers must operate. As we adapt to the COVID-19 pandemic, we will continue to be vigilant to ensure you get what you have rightfully earned. Facts and questions (FAQs) concerning the Families First Coronavirus Response Act can be found here.

If you have any questions about any of these laws or have another workplace issue that you would like to discuss, please contact us for a free consultation at [email protected] or 800-616-4000.

YOU EARNED IT, NOW LETS GO GET IT.

Attorney Advertising

April 29, 2020January 25, 2021

The Bloomberg 2020 Campaign Broke its Promises & Withheld Overtime Pay from its Field Organizers

Former Field Organizers for the Bloomberg 2020 campaign have filed a proposed class and collective action lawsuit for terminated Bloomberg organizing staff. The lawsuit includes class action claims of fraudulent inducement and promissory estoppel. In short, Bloomberg’s campaign broke its promises guaranteeing employment and benefits to their staffers through the presidential election in November. In addition to these broken promises and the damages associated with the failure to maintain employment through November, the lawsuit also alleges that Field Organizers are owed overtime compensation under the federal Fair Labor Standards Act (FLSA) and various state wage and hour laws.

Under the FLSA, covered employers are required to pay non-exempt employees overtime compensation if they work more than 40 hours in a given workweek. Whether an employee is exempt from overtime pay depends on the nature of the job duties they perform. Employees — even those who are paid a salary — are entitled to overtime pay if their job duties do not qualify for any exemption under the FLSA. Based on the job duties they performed, the lawsuit alleges that Bloomberg Field Organizers were misclassified as exempt and that the campaign is required to pay them overtime compensation.

We want to make sure these Field Organizers get the chance to stand up and fight for what they have rightfully earned. On April 17, 2020, former Field Organizers filed a motion to have their claims certified as a collective action. Under the FLSA, employees must opt-in order to claim unpaid overtime wages. The motion requests that the court authorize the plaintiffs’ counsel, Shavitz Law Group, P.A. and Outten & Golden LLP, to send out a court-approved notice by mail, email and text message to all Bloomberg Field Organizers throughout the country to inform them of the case and give them an opportunity to submit a Consent to Join Form to join the case. To date, over 100 former Field Organizers have joined the case.

If you are a former Bloomberg Campaign staffer, please contact The Shavitz Group at (800) 616-4000 or visit us at bloomberg2020case.com to learn about your rights.

YOU EARNED IT, NOW LETS GO GET IT.

Attorney Advertising

April 23, 2020January 26, 2021

Families First Coronavirus Response Act Brings Temporary Relief to Some Employees

The legislature recently enacted the Families First Coronavirus Response Act (FFCRA) to help employees and small businesses deal with the economic impact of social distancing and limitations on businesses. The FFCRA allows certain employees to receive paid sick leave, in addition to protecting their employment under specified circumstances. Employees who may receive sick leave include those who test positive for the coronavirus or who are ordered to quarantine themselves because of exposure to the virus or are suffering coronavirus symptoms and seeking a diagnosis. Other employees who may be entitled to sick leave include employees who must stay home to care for someone who tests positive for the virus, or whose children are home due to school or childcare facility closures. The weekly amount of paid leave and the length of time to which an employee is entitled to leave depends on the circumstances that qualify the employee for paid leave. For details, you can review a summary of the paid leave benefit on the Department of Labor website at https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave.

The FFCRA requires small businesses (those with fewer than 500 employees) to provide this paid sick leave, to keep the employee’s job open for them, and prohibits the employer from taking any actions against the employee in retaliation for taking the sick leave. Employers also cannot require an employee to use other paid leave before using the paid sick time provided in the new legislation or require an employee to find a replacement to cover his or her scheduled work hours.

There are several exceptions to the FFCRA, so not all employees of small businesses automatically qualify.

If you have any questions about any of these laws or have another workplace issue that you would like to discuss, please contact us for a free consultant at [email protected] or 800-616-4000.

YOU EARNED IT, NOW LETS GO GET IT.

Attorney Advertising

April 23, 2020January 25, 2021

U.S. Department of Labor Issues Covid-19 Paid Leave Rule

In recent weeks, Congress has passed paid leave laws for certain workers to address the novel coronavirus (COVID-19) pandemic. One notable law is the first federal law requiring businesses with fewer than 500 employees to provide paid short-term sick leave for reasons pertaining to COVID-19.

Some key highlights of the new laws are:

The sick leave law requires employers to provide up to two weeks of sick leave at full pay (up to $511 per day) if the employee is directly affected by COVID-19.
The law also provides partial pay up to $200 a day to care for family members suffering from COVID-19.
The law also requires that these employers provide long-term paid leave for up to 10 weeks and $200 per day for its employees to care for kids whose schools or childcare facilities are closed.

In these challenging times, it is vital to know your rights in the workplace — particularly when new laws are being passed on a weekly basis and changing how employers must operate.

If you have any questions about any of these laws or have another workplace issue that you would like to discuss, please contact us for a free consultant at [email protected] or 800-616-4000.

YOU EARNED IT, NOW LETS GO GET IT.

Attorney Advertising