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The construction industry has had a long history of wage violations, whether of prevailing wage laws or just “ordinary” wage hour laws. Another example of this trend has emerged in New Jersey where an entity (and its subcontractors) have been sued in federal court in a collective action for alleged failure to pay overtime. The…
The area of prevailing wage law, construction wage-hour law, is a niche within a niche and a very complicated area of wage hour law. I am proud to say I have defended more than one hundred employers in these cases, both the federal Davis Bacon Act and a number of state prevailing wage, but there…
This is an interesting case because it combines the elements of necessary, but not proven, commonality of situation for class certification and a quirky element of overtime calculation based on a unique FLSA provision. The bottom line is that the two workers who sought a class action on both the federal and state levels lost…
Posted in Class Actions, Overtime Issues, Prevailing Wage
Prevailing Wage Law Case Shows Intricacies Of Such Laws: The Apprentice Issue
The world of prevailing wage law is a complex and nuanced one. It is, in truth, a niche within a niche of the wage-hour world. I have handled almost one hundred prevailing wage audits and lawsuits and still am learning things about how these laws are interpreted. In an interesting twist, the New York State…
New York City’s “Living Wage” Expands
Small business owners now have additional wage and hour concerns that need to be addressed in deciding where to open for business in New York City. The minimum wage could be higher right across the street.
On Tuesday, September 30th, New York City Mayor Bill de Blasio signed an Executive Order which expands…