New York Wage And Hour Legal Questions

I moved your question to wage and hour law. The government agencies which oversee this are: New York State Department of Labor which operates consistent with the policies and procedures of the United States Department of Labor. Everyone is entitled to be paid for all of the hours worked. Apparently the employer admits that it owes you more money. Here is a suggestion. Not legal advice. Write them a certified return receipt letter (green card which is returned to you by the USPS proving the employer received your letter - costs you less than $10). A suggestion of what you might write to the owner of the business: Dear owner, I worked for you from X date to Y date. On Z date I informed you that this was not a good fit for me. I am entitled to be paid XX dollars. This includes YY hours at ZZ hourly rate plus approximately ZZZ in tips as discussed when I was hired. I demand that you pay me XXX dollars by mailing a check to my  address at: _______________ or direct depositing into account # if you authorized that when you were hired, no later than (10 days after you estimate the owner receives the letter) or I will need to file a small claims court lawsuit and ask the court to award me the above amount plus all the costs and expenses and anything else the court may deem appropriate. Signed, dated, and make sure to keep copies of everything. After the time period expires, and you have received the green card with the business owners signature go to the small claims court clerk in the county where the business is located or where you live and ask them to help you complete the forms. You will attach all of the above and a copy of the green card proving the employer received your demand to your lawsuit. Good luck. Not legal advice and I do not handle small claims matters but the above should at least get you started. The other option is to file a complaint with New York's Department of Labor but that could take a very long time, even though small claims court may not be as fast as you want either. Hopefully the restaurant owner will see the light when it receives your demand, pay you what you are owed, and you can move on. ... Read More

In New York age shall not be a factor for employment decisions. State law does not just apply to those over 40. Age may play no part. When the co-owner said "you're too young" that was an admission of age discrimination. You can file a complaint with the NYC Commission on Human Rights if you work in one of NYC's 5 Buroughs. Or you can file a complaint with the NYS Division of Human Rights. Choose one or the other not both. If bad things happen to you after you file the complaint that's probably retaliation. Call some employment lawyers. That will be a separate and even better claim. Good luck. These sound like good facts. Be safe!... Read More

No. If that were the law then very few would return to work. If you can find a job elsewhere which pays more take that. Otherwise return to work or get advice from employment lawyers possibly about why it might not be safe to return with solid proof to back that up. But only if that is true under very limited and very narrow circumstances. Going that route could result in a permanent job loss, depending on your job and your particular employer, if not handled and documented properly.... Read More

An employment lawyer needs to review your contract and documents related to it. No one can answer your question without doing that. We do that for flat rates and you dont have to leave your home. It's probably worth paying for a review since you will likely gain valuable suggestions on how to get through what will likely change our lives long term. ... Read More

Sure. Unless they break an employment contract. Many employees are better off hourly plus overtime. Salaried employees are sometimes misclassified as exempt. If you worked lots of overtime on salary and were not really exempt you could potentially recover up to 6 years of back overtime plus more. In that case call employment lawyers ASAP. We love those cases but they are never easy.... Read More

You need to call some employment lawyers to discuss. You state many important facts but we need more details. Make some calls. In wage and hour claims the Cheeks decision in the 2nd Circuit mandates that you are compensated for your unpaid work as well as your lawyer. Employer pays. No lawyer can take advantage of the wages you might be owed with attorneys' fees. But before most of us accept these cases, knowing there are usually some good defenses to cases like you describe, we need to be confident case law supports the claim. That means getting all the facts and doing the research. And it requires time. Call lawyers because there is no downside to retaining a lawyer and not doing so is usually a poor choice.... Read More

Is she paid less than minimum wage or not paid for overtime? Is some agreement being broken? To insist on breaks or lunches she should contact the Department of Labor and complain. Being mean to employees is not necessarily illegal unless the meanness is because of her membership in a protected class of employees. Has she notified human resources by complaining as required at that workplace? Consult with employment lawyers first.... Read More