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Mineola Legal Blog

Welding firm owes more than $500k in backpay, Dept. of Labor says

An investigation by the Department of Labor found an Anaheim, California-based welding company violated overtime provisions of the Fair Labor Standards Act – to the tune of over $500,000.

According to the Orange County Register, JEM Unlimited Iron was only paying employees for three hours of overtime according to federal rules. The company reportedly cheated 145 employees out of overtime wages between 2016 and 2018.

What are the most common ways employees are cheated out of pay?

Most employers in New York pay their employees what they're owed. And most employees can expect to be paid on a regular basis.

But it's important to be aware of certain unlawful practices that cheat workers out of their regular pay and overtime. So what are the most common wage-and-hour violations?

Three ways even a pre-approved mortgage can fall through

Purchasing a home is often a complicated, stressful process. To help things along, many first-time home buyers try to get “pre-approved” for a mortgage before finding a property. The problem is, there are still problems that can arise even if someone has been pre-approved.

Today, we cover three of the common issues borrowers encounter when financing their residential real estate purchase:

When sexual harassment makes you quit, you may have been fired

Federal and New York courts have long recognized a doctrine of what's called "constructive termination."

In cases of constructive termination, an employee quits. But the law considers the employee to have been fired.

Preparing for closing in a commercial real estate transaction

When negotiations are over, it is easy to think the hard part of a real estate transaction is over. However, one important step remains that holds many parts: closing.

Although these days many real estate closings occur electronically instead of in a sit-down meeting, several essential steps remain that make closing much more manageable. For both buyers and sellers of commercial property, taking the following actions can save many headaches on the day of closing:

Workers should make sure their classification is correct

Just last week, Uber drivers all over the country went on strike. They protested their low pay and called for more benefits. After all, they were the ones providing Uber with their most essential services. So, they believed that the company should treat them as employees instead of contractors.

Whether this is a situation of misclassification or not is yet to be seen. However, this does shed light on the issues that misclassified workers could face.

Proposed FLSA rule revision aims at clarifying “joint employers”

The Department of Labor announced a proposed rule change last month that could help employers better understand their obligations towards workers they “jointly” employ.

The Fair Labor Standards Act requires covered employers to pay at least the federal minimum wage to nonexempt workers for all hours worked – plus overtime wages for anything beyond 40 hours. In some cases, more than one employer might be responsible for an employee’s pay. These “joint employers” could both be held liable for wage-and-hour violations.

Three important things to know about partition actions

Partition actions divide a piece of property between multiple people with ownership interests. The division happens one of two ways: The court decides on a physical division of the property (partition in kind), or the property is sold, and the proceeds divided between the owners (partition by sale).

For those who co-own property in New York, there are three essential things to know about partition actions:

The 3 most common title issues home buyers encounter

Sometimes it seems like the process of buying a home never ends. Even when you’ve completed all your mortgage paperwork and the seller has accepted your offer, there are still factors that can cause the deal to fall through.

One of the most common issues buyers encounter is title issues. Buyers must conduct a title search and acquire title insurance before closing on the property. Today, we’ll cover three of the most common title issues a home buyer might encounter.

Commission Disputes Part II: Liquidated Damages

In a previous post, we discussed how real estate agents show they were the “procuring cause” of a transaction – and thus entitled to their commission. Today, we cover one of the ways an agent can recover their commission: Liquidated damages outlined in their contract.

Liquidated damages clauses appear in many real estate contracts; however, they are not always enforceable. Below we discuss the basics of liquidated damages and under what circumstances New York courts choose to go against what the parties contracted for.

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