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June 9, 2022

Legal News

June 9, 2022

Wells Fargo Prevails in Lawsuit Alleging Break Denial

Recently, Wells Fargo prevailed in a lawsuit alleging that it denied two California employees their statutorily entitled meal-breaks.  While the decision in favor of Well Fargo was based on procedural grounds, many employers are not so lucky when they are sued for violating state or federal law with respect to entitlements their employees have under law.  

As an example, in New York, certain workers (depending on their classification) are entitled to an extra hour of pay if their workday stretches beyond a 10-hour day.  This is known as the spread of hours rule in New York.  

Employers in New York are also required to provide an employee a “wage notice” statement upon hire, which notice requires very specific information that needs to be included (such as an employer’s phone number, etc) in order to remain in compliance with the requirements of the statute.  

Failure to pay the additional hour of pay upon triggering the 10 hour threshold or failure to provide a wage notice statement upon hiring are actionable in New York and the employees would be potentially entitled to a statutory penalty amount, liquidated damages and attorney fees for such violations if an action was commenced.  

If you are an employer in New York and want to better understand your legal obligations with respect to your employment practices and procedures, the attorneys at Outside Legal Counsel LLP can help.  

This article is not intended to be legal advice and is attorney advertising.  

#outsidelegal #wellsfargo #wages #employmentlaw #newyorklaw #employeerights

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