In a recently released opinion letter, the Department of Labor (“DOL”) states that teachers at daycare centers are not exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (“FLSA”) because they do not teach in a qualifying institution.  According to the opinion letter, unless a daycare facility is licensed by the State Department of Education and provides introductory programs in kindergarten, grade school curriculums, or nursery school programs in elementary education, its employees will not qualify for the FLSA exemption.  For more information on FLSA exemptions, go to The Employment Law Group® law firm’s Wage and Hour Practice at www.employmentlawgroup.net/PracticeAreas/Non-Payment-of-Wages.asp.

In Coque v. Wildflower Estates Developers, Inc., the Supreme Court of the State of New York Appellate Division held that illegal aliens injured on the job can recover damages for lost wages from their employer, where the employer failed to properly verify the employee’s eligibility to work.  In reaching its decision, the court concluded that employees should not forfeit their right to recover lost wages simply because they submitted a false document when applying for a job.  Instead, recovery for lost earnings should be barred only where the plaintiff’s submission of fraudulent documents actually induced the employer to hire the plaintiff.  Finding that the defendant hired the plaintiff despite knowledge of the employee’s undocumented status and ineligibility to work, the court permitted the plaintiff to sue the defendant and recover damages for injuries sustained on the job.  For more information about claims for lost wages, click here.

In Ke v. Saigon Grill, Inc., a New York district court judge awarded $4.6 million in back wages and liquidated damages to 36 Chinese immigrant deliverymen for violations of federal and state minimum wage and overtime laws.  In reaching its decision, the district court found that the defendants violated the plaintiffs’ rights under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law by:

• making illegal pay deductions;
• refusing to pay plaintiffs the minimum wage;
• withholding overtime pay from plaintiffs for workweeks as long as 84 hours; and
• creating a false record of payments. 

The district court also found the defendants liable for FLSA retaliation because they terminated plaintiffs after learning of their intention to pursue FLSA claims.  For more information on federal wage and hour laws, click here.