Wage & Hour Claims
Unpaid wages, overtime violations, minimum wage issues, and tip theft are actionable under both the Fair Labor Standards Act and New York Labor Law.
25 articles from 2009–2026 · 19 current · 0 reviewed case notes · by Jason Tenenbaum
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- Deactivated by Uber or Lyft in New York? Your Rights Jun 16, 2026
Deactivated by Uber or Lyft in New York? What Local Law 52 changes, when you can sue, DCWP vs. court, and what to save the day you lose access.
- Uber and Lyft Sue NYC Over the Deactivation Law Jun 12, 2026
Uber and Lyft sued to block NYC Local Law 52's just-cause driver deactivation rules before July 28, 2026. What drivers and injured passengers need to know.
- Can Racist Texts, Memes, or Graffiti Create a Hostile Work Environment in New York? Sep 2, 2026
The EEOC's September 2026 Ford Buffalo conciliation put discriminatory graffiti, memes, GIFs, and workplace phone displays on every employer's radar.
- Can a New York Employer Give You Attendance Points for Disability-Related Medical Absences? Aug 31, 2026
A July 2026 NYSDHR agreement with American Airlines and its affiliates put points-based attendance policies on notice: penalizing disability-related.
- New York Ghost Jobs Bill: Can Employers Post Jobs They Do Not Intend to Fill? Aug 19, 2026
New York's ghost jobs bill would require large employers and job platforms to disclose whether a posting is current, delayed, or only collecting resumes.
- Injured in New York? Here's What Actually Pays While You Recover — and How Your Family Can Get Paid Leave to Care for You Aug 10, 2026
NY Paid Family Leave does not cover your own injury. Here is what actually pays while you recover — DBL, workers' comp, no-fault — and how a family member.
- Shorted on a NY Public Job? Walton Says You Can Sue Aug 9, 2026
New York's highest court ruled that public-works employees can sue for unpaid prevailing wages even when the contract omits the promise — and one-year.
- Summer Jobs and Stolen Wages: What Young Workers in New York Are Entitled to in 2026 Aug 6, 2026
A practical guide for New York teens and their parents: 2026 minimum wage rates, tip theft, off-the-clock work, working papers, and how to get stolen.
- ICE at Your Workplace on Long Island: What Are Your Rights? Jul 14, 2026
ICE at your Long Island job: judicial vs. administrative warrants, your right to remain silent, and NY retaliation protections whatever your status.
- Independent Contractor in 2026: The DOL's Trump-II Rule Is Easier on Employers — Why It Won't Save You from a New York Misclassification Suit May 12, 2026
The Department of Labor's February 2026 proposed rule rewinds independent-contractor classification toward the more employer-friendly Trump-I framework.
- New York’s “Spread of Hours” Rule Feb 20, 2025
Learn how New York's spread of hours law affects worker pay. Expert insights on calculating extended workday compensation and compliance.
- Major Employment Law Changes in 2026: What the Gig Worker Rule Rollback Means for New York Workers Feb 27, 2026
The Trump administration is rolling back the Biden-era independent contractor rule, dramatically impacting gig workers, rideshare drivers, and employment.
- Cheeks Fairness Hearings (2026): How FLSA Settlements Get Approved (or Rejected) in the Second Circuit May 20, 2026
Under Cheeks v. Freeport Pancake House, 796 F.3d 199 (2d Cir.
- New York's Trapped at Work Act: What Employees Need to Know About 2026 Changes May 11, 2026
New York's amended Trapped at Work Act affects stay-or-pay clauses, training repayment agreements, and retention bonuses.
- New York Pay Transparency Law: 2026 Compliance Guide for Employers and Employee Rights Apr 13, 2026
New York's pay transparency requirements mandate salary disclosure in job postings. Learn compliance rules and what to do if your employer violates the law.
- The Tip Credit Trap: Why Long Island Restaurants Are One Audit Away from a Six-Figure Wage Bill in 2026 May 12, 2026
New York's tip credit looks like a 30 percent labor-cost discount on paper.
- NY Wage Law 2026: Is Your Overtime Pay at Risk? Nov 11, 2025
Protect your overtime rights under NY's new 2026 wage laws. Learn how salary thresholds and exemption rules affect your pay. Call 516-750-0595 for help.
- Long Island Employers: Are You Playing Employment Law Catch-Up? Sep 16, 2025
Is your Long Island business compliant with employment law changes? Protect your company from costly violations. Call 516-750-0595 for guidance.
- Stop Wage Theft: Reclaim Your Earned Pay Jan 2, 2025
Learn how to identify and fight wage theft, understand your legal rights, and take action to recover unpaid wages in New York.
How the firm handles these matters
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2020 (2)
2011 (1)
Frequently asked questions
How does independent contractor status affect no-fault claims?
Independent contractor status changes how lost earnings are proved and offset, not whether first-party benefits are owed. Under Insurance Law § 5102(a)(2), first-party benefits cover loss of earnings from work the injured person would have performed, up to $2,000 per month for up to three years, whatever the person's employment label. Under Insurance Law § 5102(b)(2), those benefits are reduced by workers' compensation benefits recovered or recoverable, so an employee hurt on the job looks first to workers' compensation while a true independent contractor usually has none. A contractor should expect to document earnings with tax returns, 1099 forms and invoices rather than a pay stub.
What is the test for independent contractor status in New York?
New York courts ask about control. In Bynog v. Cipriani Group, 1 N.Y.3d 193 (2003), the Court of Appeals held that the critical inquiry is the degree of control the purported employer exercises over the results produced or the means used to achieve them, and listed as relevant factors whether the worker worked at his own convenience, was free to engage in other employment, received fringe benefits, was on the payroll, and was on a fixed schedule. In construction, Labor Law § 861-c presumes a person performing services for a contractor is an employee unless three independence criteria are all met; Labor Law § 862-b does the same for trucking.
How does misclassification as an independent contractor affect my rights?
Misclassification can open protections that follow employee status. Unpaid wages, overtime and liquidated damages are recoverable under Labor Law § 198 within six years. Labor Law § 740 already protects natural persons employed as independent contractors from retaliation for reporting suspected violations of law. For a car accident, an employee injured in the course of work looks to workers' compensation, which reduces first-party benefits under Insurance Law § 5102(b)(2); a worker wrongly labeled a contractor may have been left without that coverage, and the classification question should be raised with the Workers' Compensation Board. A written contract calling you a contractor does not settle the question; control does.