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Date: 11-21-2023
Case Style:
Case Number: 7:23-cv-05677
Judge: Cathy Seibel
Court: United States District Court for the Southern District of New York (Westchester County)
Plaintiff's Attorney:
Defendant's Attorney: David A. Kaplan
Description: New York City, New York employment law lawyer represented the Plaintiff who sued the Defendant on a Fair Labor Standards Act theory.
"The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. It was signed into law by President Franklin D. Roosevelt on June 25, 1938.
Minimum Wage
The FLSA sets the federal minimum wage, which is the lowest amount that an employer can legally pay an employee for their work. The current federal minimum wage is $7.25 per hour. However, many states and cities have their own minimum wage laws that are higher than the federal minimum wage.
Overtime Pay
The FLSA also requires employers to pay overtime pay to employees who work more than 40 hours in a workweek. Overtime pay is at least one and a half times the employee's regular rate of pay.
Child Labor
The FLSA also regulates child labor. The FLSA prohibits employers from employing children under the age of 16 in most occupations. Children under the age of 14 are prohibited from working in most nonagricultural jobs. Children between the ages of 14 and 15 may work in certain nonhazardous jobs, but they are subject to restrictions on the number of hours they can work and the times they can work.
Enforcement
The WHD enforces the FLSA by investigating complaints, conducting audits, and issuing citations to employers who violate the law. Employees who believe that they have been violated by the FLSA can file a complaint with the WHD.
Importance of the FLSA
The FLSA is an important law that protects the rights of workers. It ensures that workers are paid a fair wage for their work and that children are not exploited. The FLSA also helps to ensure that workplaces are safe and healthy.
Additional Resources
Wage and Hour Division website: https://www.dol.gov/agencies/whd)
Fair Labor Standards Act: https://www.dol.gov/agencies/whd/flsa
National Employment Law Project: https://www.nelp.org/
Legal Services Corporation: https://www.lsc.gov/"
Google Bar
Outcome: 11/21/2023 ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. 13 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (tp) (Entered: 11/21/2023)
11/21/2023 ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. 14 Proposed Judgment was reviewed and approved as to form. (tp) (Entered: 11/21/2023)
11/21/2023 15 JUDGMENT: ORDERED and ADJUDGED that judgment is entered in favor of Plaintiff Royce Bevel and against Defendant Ace Natural, Inc., in the amount of $13,500.00, inclusive of all penalties, interest, costs and attorney fees. (Signed by Judge Cathy Seibel on 11/21/2023) (mml) (Entered: 11/21/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: