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Employment Rights

Wage and Hour Violations


On January 28, Judge Alvin K. Hellerstein of the Southern District of New York ruled that more than 200 African immigrant deliverymen who were paid less than $3 an hour working for Duane Reade stores in Manhattan were “employees,” not independent contractors, and therefore were entitled to at least $5.15 an hour, the federal minimum wage, and overtime pay. Click here to download the ruling. (February 4, 2003)

The Legal Landscape for Contingent Workers in the United States  by Catherine K. Ruckelshaus, National Employment Law Project and Bruce Goldstein, Farmworker Justice Fund, Inc.  (2001) 

Employment Relationship Checklists   These checklists are designed to assist organizers and workers when confronted with a minimum wage or overtime violation in a subcontracting or independent contractor employment situation.  The checklists represent the three major tests for employment status under various federal labor and employment laws, in order of the narrowest to the broadest. The checklists are not exhaustive, and are meant to assist workers in determining whether there is an employment relationship with any number of possible responsible employers.  4 pp.   (September 1999)

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