Uber Is Facing Unpaid Overtime Lawsuits

Paycheck lawyer is your source for updates to overtime laws in your state and at the Federal level. We keep you informed on the ongoing unpaid overtime class actions and are always searching for unpaid overtime news and alerts that may be of interest to our followers. Uber, the new interesting concept in drivers continues to be faced with class action overtime lawsuits.
An Uber  class action law suit is now in  federal court in Trenton, N.J.  The lawsuit was originally filed by former Uber driver, Jaswinder Singh, in Monmouth County Superior Court on April 22nd and was moved  to U.S. District Court for the District of New Jersey on May 27th.  The suit claims  Uber violated the New Jersey Wage and Hour Law and the New Jersey Wage Payment Law because the failed to pay overtime to drivers working more than 40 hours per week.    Uber drivers in New Jersey and other states are currently classified as “independent contractors” under their contracts, meaning Uber has no legal obligation to pay the requested overtime wages. The Uber drivers in New Jersey are claiming they are  eligible employees because they “completely relied on Uber for driving assignments” and did not have the independence to make important decisions.

Uber has faced a series of wage claim lawsuits.  The first major case, O’Connor v. Uber Technologies, Inc., involved California and Massachusetts Uber drivers, similarly claiming they were wrongly categorized as independent contractors.  That case was settled in April 2016.  It left the independent contractor question unresolved.   Uber drivers in Arizona, Florida, Illinois, New York, Ohio, and Texas have filed similar lawsuits.

Will these cases go to trial? If so, courts may have the opportunity to finally determine the employment status of Uber drivers. A designation of employee could result in overtime wages along with other legal protections offered exclusively to employees.
If courts do categorize the drivers as employees, how will it affect the Uber experience? Much of Uber’s success lies in its business structure. Designating drivers as independent contractors reduces or eliminates many expenses for the company and it allows for greater freedom for drivers.   Will Uber have to make drivers employees?This  will certainly change the internal structure of Uber,
Will Uber be able to continue settling these lawsuits? The large $100 million settlement has clearly attracted drivers in other states. We will soon see if Uber continues to settle these cases as a cost of doing business or if/when it will risk going to trial to decide the employee designation dispute.  In December, 2015, The Wall Street Journal predicted the value of Uber could exceed $60 billion, so paying settlement claims to quiet disgruntled workers seems to be a viable option, at least for now.

If you are an Uber driver and would like to represent Uber Drivers in a class action lawsuit or wish to join one of the ongoing class action lawsuits contact paycheck lawyer.


New Mexico Overtime Lawyer Sues For Your Overtime Pay

Were you cheated out of your  Albuquerque, Las Cruces, Santa Fe,  Rio Rancho, Roswell, Farmington, South Valley,
Alamogordo, Clovis, Hobbs,  Carlsbad, Gallup, Deming, Sunland Park,  Las Vegas, NM overtime pay?

In New Mexico state law requires overtime pay, for non exempt employees,  at a rate of not less than one and one‐half times an employee’s regular rate of pay after 40 hours of work in a week of seven days. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

2015 New Mexico Overtime Rules

Most hourly employees in the New Mexico are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act).

While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, New Mexico does not have a daily overtime limit.

New Mexico’s overtime minimum wage is $11.25 per hour, one and a half times the regular New Mexico minimum wage of $7.50. If you earn more then the New Mexico minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. Can’t find the answers you need on the New Mexico Overtime Law FAQ below? Ask us your New Mexico overtime law question.
Am I eligible for overtime?

The FLSA automatically qualifies certain types of workers who meet overtime pay requirements for guaranteed overtime for all hours worked over 40 in a single week (or daily overtime limits set by New Mexico overtime laws). If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law.

All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA.

Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise.
Overtime Exemptions in New Mexico

Overtime laws in New Mexico are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar industries) being the primarily protected group. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to New Mexico overtime eligibility. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law.

Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act.

External salespeople (who often set their own hours) are also exempted from NM overtime requirements, as are some types of computer-related workers. Independent contractors, who are not considered legal employees, are also exempt from overtime law. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.

In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors.
Is my job exempt from overtime?

If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by New Mexico and federal overtime regulations.
Executive Overtime Exemptions

Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position.
Administrative Overtime Exemptions

Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).
Professional Overtime Exemptions

Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional.
Outside Sales Overtime Exemptions

Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer’s main workplace. You may be paid either bn a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification.

If your job falls under any of the four categories described above, then you are not covered by federal or New Mexico unemployment regulations and your employer is not required to pay you an overtime premium.
I’m eligible for overtime, but my employer didn’t pay me

If your job is eligible for overtime protection under New Mexico and Federal overtime law and you were cheated out of your pay call the Loren Law Group today.


New Mexico Overtime Lawsuits

New Mexico Overtime Lawyer

Overtime Lawyer  in New Mexico for:  Albuquerque, Las Cruces, Santa Fe, Rio Rancho, Roswell, Farmington, South Valley, Alamogordo,  Clovis, Hobbs,  Carlsbad, Gallup, Deming, Sunland Park,  Las Vegas, Los Ranchos de, North Valley,  Corrales,  Bernalillo,  Los Lunas, Belen, Los Alamos,  Grants, Espanola, Socorro, and Taos, NM.

Loren law Group of  New Mexico  helps workers who are  denied the overtime  wages that they are owed under Federal and New Mexico law. If you are a New Mexico worker who has been robbed of your  overtime pay  you can file a lawsuit against your employer. New Mexico overtime lawyerm James Loren  can help you recover your  paycheck.

About New Mexico Overtime Law
Overtime law in New Mexico allows for  workers to  receive one-and-a-half times their regular hourly rate when working more than 40 hours in a seven-day period.

Your employer must keep accurate time and wage records for  your work hours.