Is it possible to sue for FLSA and state labor law violations simultaneously?
A 2011 decision from the United States Court of Appeals for the Second Circuit shed light on whether employers can be sued for violating both the federal Fair Labor Standards Act (FLSA) and state labor laws.
The landmark time and attendance suit involved a group of waitstaff employed by Park Avenue Restaurant in Manhattan, New York. The plaintiffs alleged that the restaurant made them share tips with ineligible employees, such as dishwashers and silver-polishers. They also claimed they were not paid minimum wage for employee attendance that exceeded 10 hours in one day.
The restaurant argued that suing under the FLSA and New York labor laws was a conflict.
In their review of the FLSA's savings clause, appellate judges determined that Congress intended state wage laws to coexist with FLSA regulations, human resources management website HR.BLR.com reports. Judges also cited rulings by the 7th and District of Columbia Circuits that had set a precedent for allowing state and federal wage and hour claims to be considered simultaneously.
Last month, New York City Mayor Michael Bloomberg proposed increasing the state's $7.25 minimum wage by $1 an hour to bring earnings more in line with the cost of living.
The landmark time and attendance suit involved a group of waitstaff employed by Park Avenue Restaurant in Manhattan, New York. The plaintiffs alleged that the restaurant made them share tips with ineligible employees, such as dishwashers and silver-polishers. They also claimed they were not paid minimum wage for employee attendance that exceeded 10 hours in one day.
The restaurant argued that suing under the FLSA and New York labor laws was a conflict.
In their review of the FLSA's savings clause, appellate judges determined that Congress intended state wage laws to coexist with FLSA regulations, human resources management website HR.BLR.com reports. Judges also cited rulings by the 7th and District of Columbia Circuits that had set a precedent for allowing state and federal wage and hour claims to be considered simultaneously.
Last month, New York City Mayor Michael Bloomberg proposed increasing the state's $7.25 minimum wage by $1 an hour to bring earnings more in line with the cost of living.
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