September 9th, 2011 by BMBB Law
The New York Labor Law requires that employees working for a contractor on a public project be paid “prevailing wages,” which are based on the union rate for that work and are generally higher than the typical wage. Beranbaum Menken has filed several lawsuits against companies who break this law by paying their employees less than the prevailing wage rate. In one of these cases, Judge Steven Gold of the U.S. District Court for the Eastern District of New York has issued a decision certifying the case as a class action. Judge Gold decided that the case could proceed on behalf of all employees of SimplexGrinnell who worked on fire alarm and sprinkler systems on public projects in the State of New York. The judge also decided that the recent Supreme Court decision in Dukes v. Wal-Mart, which many saw as restricting employee class actions, was no impediment to a class action here. This case is titled Ramos v. SimplexGrinnell LP., 07CV981(SMG). No trial date has been set as of yet.
If you worked on public projects, be they for the state, a municipality, or a public school, and think you were not paid the “prevailing wage,” call or email our firm.
December 2nd, 2010 by BMBB Law
The Wage Theft Prevention Act passed the New York State Assembly this week and is awaiting Governor Patterson’s signature to become law. The bill provides sweeping new protections for workers in New York, as well as stiff penalties for employers who fail to pay their employees overtime or the minimum wage. Most promisingly, liquidated damages penalties have increased from 25% to 100%. This means that employees may be entitled to recover twice what they are owed in wages or overtime. The bill also increases protections both for workers who complain about employer violations – whether to the employer or to anyone else – as well as workers the employer merely believes to be complaining about violations. When an employer does retaliate against an employee, the new bill allows the employee to sue for reinstatement or front pay, as well as compensation for wages lost. Finally, the bill gives employees expanded protections against employers who have been found to have violated the law, but still fail to pay. If an employer loses in civil court and still fails to pay within 90 days, the employee can now collect an extra 15% of the judgment owed, as well as attorneys fees and costs for enforcing the judgment.
Once this law takes effect,which will be 120 days from when Governor Patterson signs it, Beranbaum Menken LLP will have additional tools to use to help workers obtain the overtime pay they are entitled to.
March 25th, 2010 by BMBB Law
Beranbaum Menken has filed a lawsuit against Siemens Building Technologies, Inc., alleging that Siemens failed to pay New York State mandated prevailing wages for work done servicing fire alarm systems on public buildings. The prevailing wage law requires that all workers on public buildings be paid an hourly rate, plus benefits, set by the New York State Department of Labor. For fire alarm work, that rate can be as high as $49.00 per hour, plus $38.94 in benefits, depending on what kind of work is done and in what county. The Department of Labor publishes the prevailing wage schedule here.
The case is filed as a class action and titled O’Brien v. Siemens Building Technologies Inc. It will be heard by Judge Barbara A. Jones in the U.S. District Court for the Southern District of New York.