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Retaliation: Informal Complaints to Employer About Wage Theft is Sufficient Notice

Retaliation for complaining about wage theft is unlawful.

When you complain about your rights to your employer and then you suffer from adverse employment actions like mistreatment, suspension, or even termination, you may have been retaliated against for complaining about your rights under the law.

An employee’s oral or written informal complaints to their employer about non-payment overtime and minimum wages is sufficient notice to employers.


How do you “file a complaint” under the anti-retaliation provision of the Fair Labor Standards Act (FLSA)? Under the Second Circuit Court of Appeals’ May, 2015 ruling, employees oral complaints are sufficient for retaliation notice.

In New York and Connecticut an employee might be entitled to the protections of the anti-retaliation law after he orally complained to a supervisor that he hadn’t been paid in months. This is great for employees because before this ruling the anti-retaliation law applied to workers who file formal, written complaints with government agencies or courts.

Now under the new precedent more employees can sue their employers if they were retaliated against for speaking out against unlawful wage practices. The ruling allows for more potential retaliation cases although “a grumble in the hallway” about pay policies is still not enough, the anti-retaliation provisions that make an oral or written complaint to an employer that is “sufficiently clear and detailed” may be able to recover under the statute.

If you believe that you are being retaliated against at work for asserting your rights, please set up a free consultation today!

Berlingieri Law, PLLC can put your employer on notice that they are not paying you correctly. You may have a claim – do not wait!

Call or email today!


Pro-Cheerleaders are employees in California, why not in other states?

Professional Cheerleaders for sports teams in California are now classified as employees. A change for all who are now eligible for overtime, sick days and other protections under a new labor law.

Before the cheerleaders were considered independent contractors, receiving below minimum wages for hours and hours of work with no overtime, sick leave or benefits.

The cheerleaders were treated like employees practicing and performing for the sport’s teams benefit.

The new labor law applies to all cheerleaders working for pro-teams in California, for both major league and minor league.


IF you are being misclassified as an aindependent contractor and you are treated like an employee but not given benefits or other employment protections like overtime you should speak with an employment attorney today. Call now 347.766.5185.

Berlingieri Law, PLLC



A Hard Day’s Work Deserves a Fair Day’s Pay: Managers to Get Overtime

Obama Announces: Managers to Get Overtime

Managers on salary are denied overtime under the outdated regulations. A new rule would change that – some managers will be eligible for overtime.

Managers making more than $23,660 are not eligible for overtime

The rule would raise the salary threshold below which workers automatically qualify for time-and-a-half overtime wages to $50,440.

From the President’s Article in the Huffington Post:

Obama’s Huff Post Article – Managers to Get Overtime

We’ve got to keep making sure hard work is rewarded. Right now, too many Americans are working long days for less pay than they deserve. That’s partly because we’ve failed to update overtime regulations for years — and an exemption meant for highly paid, white collar employees now leaves out workers making as little as $23,660 a year — no matter how many hours they work.

This week, I’ll head to Wisconsin to discuss my plan to extend overtime protections to nearly 5 million workers in 2016, covering all salaried workers making up to about $50,400 next year. That’s good for workers who want fair pay, and it’s good for business owners who are already paying their employees what they deserve — since those who are doing right by their employees are undercut by competitors who aren’t.

That’s how America should do business. In this country, a hard day’s work deserves a fair day’s pay. That’s at the heart of what it means to be middle class in America.

As president, my top priority is to strengthen the middle class, expand opportunity and grow the economy. That’s why I believe in middle-class economics — the idea that our country does best when everyone gets a fair shot, everyone does their fair share, and everyone plays by the same set of rules. It’s driven me from day one. It’s fueled our American comeback. And it’s at the heart of the fundamental choice our country faces today.


Will we accept an economy where only a few of us do exceptionally well? Or will we push for an economy where every American who works hard can contribute to and benefit from our success?

Will we invest in programs that would help educate our children, maintain our roads and bridges, and train our workers for the high-paying jobs of the future? Or will we cut these programs, and decide to give more to the wealthiest Americans instead?

To me, the answer is clear. Let’s invest in America’s future. Let’s commit to an economy that rewards hard work, generates rising incomes, and allows everyone to share in the prosperity of a growing America. Let’s reverse harmful cuts to vital programs, and instead make the critical investments we need to grow our economy and strengthen the middle class.

That’s what I’ll be talking about this week — this choice, and these priorities.

America is at its best when we look out for one another. We soar when we strive to do better for one another. That’s what I’m focused on and that’s what I’ll fight for every day for the next 18 months.

Let’s get to work.



New York to Raise Minimum Wage to $15 for Fast Food Workers

New York State Wage Board recommended on July 22, 2015 for an increase in the minimum wage paid to workers at fast-food chains to $15 per hour by 2018 in New York City and all of New York state by 2021. The state labor commissioner is expected to issue a wage order enacting that plan. The wage board action marks the first statewide adoption of a $15 minimum wage for workers across an entire industry, and a monumental victory for the Fight for $15 movement which began less than three years ago in New York City.

An estimated 136,000 fast-food workers statewide would receive hourly pay raises under the plan. The median hourly wage for New York’s fast-food workers was $9.03 in 2014.


Working Off the Clock is Illegal

Sometimes bosses make their employees work off the clock. If your boss makes you work for time you are not compensated for you may have be a victim of wage theft. Speak with a labor lawyer today to know your rights.

Working off the clock may lead to:

Start Work Before Punching in Staying Later
Minimum wage violations
Seizing employees’ tips
Stealing bonus money from employees
Not compensating for sales commissions
Employment contracts and waivers
Late payment at separation
Never receiving a paycheck
Mistakes in paycheck

Workers are supposed to be compensated for pre-shift and post-shift duties when such job responsibilities they are an integral and indispensable part of the principal activities for which the employees are hired for.

Would you like more information about working off the clock? Do you believe you are being victimized and that money is rightfully owed to you? Our employment lawyers are here to help and fight for your rights to the money that you deserve.

Contact an employment law attorney at Berlingieri Law, PLLC to learn more.




Your Boss Might Be Stealing Your Wages

Reasons Why You May Be a Victim of Wage Theft.

You may work “off-the-clock.” You may put in extra time before or after scheduled shifts tending to their duties or attend meetings without being paid for that time.

You may work “on-the-clock,” but are not paid for all of their work time. Bosses unlawfully round down work time make your pay stub say 40 hours per week. The law requires every hour actually worked to be recorded and paid to you.

You may be misclassified as exempt from overtime pay requirements.

You may not be paid for breaks lasting 20 minutes or less.

You may work through lunch without getting paid.

You may be entitled to overtime pay as a misclassified independent contractor and denied overtime pay.

Bosses make sure to miscalculate your tips, house draw, Spread of Hours, night time shift differentials, commissions, bonus payments and other payments are not correctly included in overtime pay calculations.

You maybe a “volunteer” and “intern” and not paid as required by law.

You may not be compensated for required meetings.

You may not be compensated for required training time.

If this is happening to you, contact Berlingieri Law, PLLC for a free consultation to know your rights.


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