Frequently Asked Questions
How long do I have before I can file a claim against my employer?
It depends on the claim. For wage claims, New York Labor law permits you to file wage claims that occurred any time within the past 6 years. You should speak with an attorney to discuss the applicable statute of limitations that applies to your claim.
I did not keep records of my overtime hours, how can I prosecute a case against my employer?
The requirement to maintain time records rests exclusively on behalf of your employer, if you are considered to be a non-exempt employee. Thus, we can prosecute claims on your behalf even if you do not maintain contemporaneous time records.
My employer called me a “manager” and paid me on a salary. Doesn’t that mean I am a manager and not entitled to overtime?
No. To determine whether you are exempt from overtime, you must, generally, satisfy (i) the duties test; (ii) salary basis test; and (iii) your salary must be above the minimum threshold provided by federal law and your state law. Typically, employers incorrectly classify employees under the executive exemption. In order to qualify under the executive exemption, the employee’s primary duty “must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise.” The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and – importantly – the employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, advancement, promotion or any other change of status of other employees must be given particular weight.” This last part, hiring or firing or making that are given particular weight, is often not satisfied by lower-level managers or managers who have a controlling supervisor. Additionally, if an employee is spending a majority of his/her time performing non-exempt tasks (e.g., cleaning, stocking shelves, ringing a register, unloading a truck), there is an argument that his/her primary duty is not management.
I agreed to take money off-the-books, so I cannot file a lawsuit, right?
False. Parties cannot agree to violate the law. As a result, irrespective of any agreement between the employee and the employer, the employer is always charged with complying with the law and paying employees all amounts that are due to him/her.
I agreed to not accept overtime when I worked more than forty (40) hours in a week, so I cannot file a lawsuit, right?
False. Parties cannot agree to violate the law. As a result, irrespective of any agreement between the employee and the employer, the employer is always charged with complying with the law and paying employees all amounts that are due to him/her.
Can I file a lawsuit against my employer even though I am not authorized to work in the United States?
Yes. Irrespective of your legal status in the United States, your employer is required to compensate you in accordance with all employment laws. Any person, including those that are unauthorized to work in the United States, can file a claim against your employer and seek to recover all amounts that were due to you.