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Lipman & Plesur Handles Overtime Pay Class Actions


     Lipman & Plesur, LLP has litigated dozens of FLSA cases, serving as class counsel in many class actions where millions of dollars have been recovered for deserving employees. The Firm has also assisted dozens of employers in litigation, defended Department of Labor investigations and conducted self-audits. Mr. Lipman has lectured on overtime laws for the American Bar Association, the National Employment Lawyers' Association, the New York State Bar Association, the American Trial Lawyers' Association, Lorman and Cornell University's School of Industrial Labor Relations. He was a contributor to the ABA/BNA FLSA Treatise. Mr. Lipman and Ms. Plesur co-authored a Law Review article entitled: A Call for Bright-Lines to Fix the Fair Labor Standards Act, Hofstra Labor Law Journal, Vol. II, No. 2, Spring 1994. Mr. Lipman authored the online training program: Avoiding Liability Under the New FLSA.

     Lipman & Plesur, LLP is Top Rated by Martindale-Hubbell and appears in the 2005 Directory of Preeminent Attorneys.

     If your case is outside of New York, the Firm can arrange to co-counsel the case with a well regarded employment lawyer in your area. Please call Lipman & Plesur, LLP at 516-931-0050 for more information.

     Mr. Lipman authored the online training program: Avoiding Liability Under the New FLSA.

Lipman & Plesur's Significant Overtime Pay Cases

Customer Service

Lipman & Plesur, LLP handled one of the largest overtime pay class actions in New York State. Thousands of customer service representatives were not paid for prep work prior to the start of their shift.

Technicians

Lipman & Plesur, LLP represented office machine repair technicians who were not paid for morning meetings and the time it was necessary to complete a repair after their schedule ended. Lipman & Plesur, LLP settled this case for hundreds of technicians under the FLSA and New York Labor Law.

Nursing Homes/Nurses/Aides

Lipman & Plesur, LLP was approved as class counsel in a class action against a group of nursing homes involving nurses and aides that were not paid for work during unpaid meal periods and after their shift ended.

Bus Drivers/Tour Guides

Lipman & Plesur, LLP was co-class counsel in one of the first opt-in/opt-out wage-hour actions in New York State. Drivers and guides were only paid a set amount even though tours were often delayed.

Help Desks

Lipman & Plesur, LLP has represented numerous groups of help desk workers that assist with computer networking issues. Frequently these workers are required to work extremely long hours without any overtime pay.

Food Workers

In several cases, the Firm has represented servers as well as kitchen staff that did not receive overtime pay. Other cases involved unlawful deductions and improper tip pooling.

Editors

Lipman & Plesur, LLP has represented professional employees, such as editors, who were entitled to overtime pay under the FLSA because they were not paid on a salary basis.

Sales Clerks

A 24/7 retail store chain was found to violate the minimum wage and overtime pay laws. The Firm recovered overtime pay on “off the books” cash payments paid to undocumented workers.

Laborers

Lipman & Plesur, LLP has recovered both overtime pay and prevailing wages for many blue collar workers.

Independent Contractors

Lipman & Plesur, LLP has represented advertising executives, graphic artists and sales people and others who were misclassified as independent contractors. Since these workers should have been treated as employees, the Firm was able to get them overtime pay for hours worked in excess of 40 hours in a workweek.

Telephone Directory Account Executives

Lipman & Plesur, LLP recently prevailed on summary judgment finding liability on a class basis against a major telephone directory for unlawfully charging back and deducting the earned commissions and wages of hundreds of account executives over a six-year period.

Landscape Workers

Lipman & Plesur, LLP represented a commercial landscape firm after an investigation by the United States Department of Labor indicated that workers were entitled to overtime pay. Lipman & Plesur, LLP convinced the United States Department of Labor that no monies were due under the FLSA because of the Motor Carrier Act exemption.

Ambulette Service

Lipman & Plesur, LLP represented an ambulette service in class action litigation. The litigation settled for a nuisance value after Lipman & Plesur, LLP asserted the Motor Carrier Act exemption defense.

Prior results do not guarantee a similar outcome
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