Arbitration is an Epic Weapon: Time to Fight Back

As you may have heard, the Supreme Court of the United States (“SCOTUS”) has ruled against the employees in Epic Systems Corp. v. Lewis (584 U.S. ___ 2018). Undoubtedly, this will allow employers to weaponize the Federal Arbitration Act against a growing number of employees. This will require innovative statutory correction at the federal, state, or municipal level, as doing nothing will leave the labor force in an untenable position.

With the proliferation of arbitration agreements, employers have put great effort into unconscionably hindering the ability of employees to act concertedly in court to redress violations of various labor laws, including wage and hour claims. In Epic Systems, these arbitration agreements have now been met with approval by SCOTUS. This harkens back to the Lochner era, a period in SCOTUS jurisprudence in which many statutes that regulated working conditions were deemed unconstitutional, based on the Federal Constitution’s freedom of contract.

Today, millions of employees are required to sign arbitration agreements as a condition of employment, which include class and collective action waivers. These waivers are then used to decimate attempts to remedy widespread labor law violations. Class action lawsuits filed by brave employees who are seeking to serve as class representatives are increasingly compelled into arbitration; a quiet process conducted in the shadows. Resolution is limited only to the individual employees’ claims that filed the lawsuit. After arbitration, the claims of the class, which can include thousands of similarly aggrieved employees, are simply disregarded. According to SCOTUS, the members of these forgotten classes of employees are free to arbitrate their own individual claims; however, how does one arbitrate claims that one does not know exist? Who will apprise these employees of their rights and fight for remedies?

It is time for other states, including New York, to follow California’s lead. Under California’s Private Attorney General Act (“PAGA”), employees have a viable route for bypassing these domineering arbitration agreements. Under this framework, overwhelmed government agencies can delegate certain enforcement powers to aggrieved employees, who can then pursue statutory penalties on behalf of the state, to hold employers accountable for widespread labor law violations, with the assistance of private counsel. If done properly, such representative lawsuits cannot be compelled into arbitration, as the state is not a party to these arbitration agreements. Suit is filed in the name of an agency or governmental official. If more legislative bodies do their part, more employees, who were once denied justice, can find renewed access to the courts, where their claims may actually see the light of day.

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The Practice
Joseph Kamenshchik, Esq. is a labor and employment lawyer that represents employees experiencing a variety of employee rights related issues, such as: wage theft, which includes the underpayment of overtime, minimum wage, prevailing wage, tips, uniform allowances, and unlawful deductions. Kamenshchik also fights against discrimination, and wrongful termination.

Company Objective
The Kamenshchik law office aims to use its experience and knowledge as leverage against abusive employers who violate the rights of hardworking employees. Like in the biblical story of David and Goliath, this law office aspires to be the stone.

Free Consultation
You are invited to contact this law office so that your legal matter can be considered and evaluated. Contact the law office at any time, day or night, using any convenient method provided on the contact page.

Why Hire an Attorney?
Attorneys are officers of the court. We are trained professionals that understand the intricacies of law and procedure. Our skills are acquired through rigorous academic programs, and those skills are sharpened through years of experience. An untrained litigant that is acting as his or her own representative can make fatal errors in evaluating claims, defenses, and evidence. The practice of law should be left to professionals that are familiar with the applicable legal theories, procedural rules, research, arguments, and pitfalls of each unique case.

Friendly Reminder: Use It or Lose It
A statute of limitation and/or other time restriction is likely running against your claim, which may ultimately prevent you from recovering on a meritorious cause of action. Therefore, it is important to act on your rights as quickly as possible.

Внимание: Для русскоговорящих, пожалуйста нажмите на эту ссылку.

Overtime in New York

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You are invited to call this law office at 917-719-1102 to speak with a lawyer at any time about your wage concerns, day or night. The consultation is absolutely free.

Are You Paid Overtime?


Generally, employees are to be paid one and a half times their regular hourly rate for every hour worked over 40 hours in a workweek. If you are receiving a salary, you are not automatically disqualified from overtime. The analysis is far more complex. These types of misconceptions lead to underpaid or unpaid overtime premiums.

If your overtime hours have been unpaid or underpaid, you may have a serious wage theft claim. The chart below demonstrates how overtime is calculated by using the minimum wage rate in New York State as an example – you may actually be entitled to receive more than the amount provided in the example.

What Damages Can An Employee Recover?


Under the Labor Law of New York State, employees may recover the full amount of any overtime underpayment due for the past six (6) years, as well as reasonable attorney’s fees, prejudgment interest, and liquidated damages that may amount to 100% of the total wages owed. Employees may recover money for additional claims discovered by this law office, including claims for minimum wage violations, illegal deductions, notice violations, and other unlawful employer conduct.

Overtime Example


Let’s assume for the purpose of this example that you earn minimum wage in New York State, which will be at least $10.40 per hour on December 31, 2017. You multiply $10.40 by 1.5 to calculate the overtime rate. The resulting overtime rate is $15.60. The chart below illustrates the process.

Converting to Overtime
STEP ONE: DETERMINE THE REGULAR HOURLY RATE
Determine your regular hourly rate. Generally, the amount that your employer agrees to pay you per hour is your regular hourly rate, but not always. Let’s assume $10.40 per hour is your regular hourly rate.

STEP TWO: CONVERT TO OVERTIME RATE
Multiply $10.40 (the regular hourly rate) times 1.5, and the result is $15.60 as the hourly overtime rate.

STEP THREE: CALCULATE OVERTIME WAGES
Multiply $15.60 by any hours (or fractions of an hour) that are worked over 40 in a workweek. If, for example, 45 hours is worked in one week, and assuming the employee is eligible for overtime, the total of $78 should have been paid for the 5 hours of overtime based on this example.

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Telephone: 917-719-1102.

* All of the figures in this article are based on New York State Law. The specific laws applicable to your type of employment may vary, as there are certain exceptions, exemptions, and exclusions that may apply.

Minimum Wage in New York

Free Consultation


You are invited to call this law office at 917-719-1102 to speak with a lawyer at any time about your wage concerns, day or night. The consultation is absolutely free.

Are You Paid Less Than Minimum Wage?


If you are an employee and you are paid less than minimum wage, you may have a serious wage theft claim. The chart below offers some basic guidance on minimum wage rates in New York State. The hourly rates specified below are expected to increase incrementally on an annual basis until the minimum wage increases to $15 per hour in New York.

Fast-food workers, home health aides, and those working pursuant to a contract with the government may be entitled to higher hourly rates and/or benefits.

Government contracts pertain to work-sites, projects, and/or agencies that may include, but are not limited to: public schools, fire and police stations, court houses, sanitation facilities, public utilities, highway and road work construction and/or repair, public housing, security at government offices, public works construction, and so on.

What Damages Can An Employee Recover?


Under the Labor Law of New York State, employees may recover the full amount of any minimum wage underpayment due for the past six (6) years, as well as reasonable attorney’s fees, prejudgment interest, and liquidated damages that may amount to 100% of the total wages owed. Employees may recover money for additional claims discovered by this law office, including claims for unpaid overtime, illegal deductions, notice violations, and other unlawful employer conduct.

Minimum Wage Chart for New York State


The minimum wage rates below apply only to those locations indicated in the left most column.

New York State – Beginning on December 31, 2017
NYC – Large Employers (of 11 or more)
$13.00 per hour

NYC – Small Employers (10 or less)
$12.00 per hour

Long Island & Westchester
$11.00 per hour

Remainder of New York State
$10.40 per hour

Federal Minimum Wage
Applies Nationally (all 50 States)
*$7.25 per hour

* The federal minimum wage yields to higher minimum wages set by individual states and/or municipalities.

phone-icon

Telephone: 917-719-1102.

* All of the figures in this article are based on New York State Law. The specific laws applicable to your type of employment may vary, as there are certain exceptions, exemptions, and exclusions that may apply.

Взыскание Недополученных Денег, Заработанных Вами в Основное и Сверхурочное Время В Нью Йорке

Внимание: Моя консультация и обсуждение Вашего дела бесплатно.

Звоните: (917) 719-1102 в любое время

Уважаемые господа,

Я адвокат, который занимается исключительно трудовым законодательством и имею лицензию на адвокатскую практику в штатах Нью-Йорк и Нью-Джерси.

Трудовое законодательство США, защищает права всех трудящихся, вне зависимости от статуса.

В число возникающих трудовых вопросов, кроме всего прочего, входит обязательная оплата не менее $10,40 до $13,00 в час в штате Нью-Йорк, а после 40 часовой рабочей недели обязательная оплата сверхурочных в полуторном размере.

К примеру, если человек получает $13,00 в час, то за каждый сверхурочно отработанный час он/она должен получать $19,50.

Как правило, недобросовестные работодатели, пользуясь неграмотностью иммигрантов, их незнанием законов и неумением защитить свои интересы, используют это обстоятельство в своих интересах.

Это касается всех видов работ (водителей, водителей траков и автобусов, строительных рабочих, работников больших компаний, работников сервисов, продавцов магазинов, лиц, присматривающих за больными и пожилыми людьми, другие виды работ).

Я готов помочь получить полагающиеся Вам денежые средства и компенсацию за Ваш труд за 6 прошедших лет.

Нарушения трудового законодательства может привести к значительным денежным возмещениям для работников, а для работодателей к двойным штрафам, судебным издержкам и досудебнме расходам.

Моя консультация и обсуждение Вашего дела бесплатно.
Звоните 917-719-1102 в любое время.

С Уважением,
Адвокат Джозеф Каменщик