$125,000.00– Wage & Hour Violations & Retaliation

March 2026

Firm represented a female employee against her former employer for improper pay in violation of the Fair Labor Standards Act, the New York Labor Law (“NYLL”) and the N.Y. Comp. Codes R. & Regs. (“NYCRR”), as amended, as well as the anti-retaliation provisions of Section 215 of the NYLL. Generally, Defendants routinely required Plaintiff to work, or to be engaged to wait for work, for virtually every hour of the week, yet Defendants paid Plaintiff a flat monthly salary, which then computed on an hourly basis, either when factoring in Plaintiff’s one-call time or only her twenty-eight-to-thirty-five regularly-scheduled hours of work per week, fell below both the federal and New York state minimum wage rate for all hours worked. The monthly salary that Defendants paid Plaintiff also did not include overtime premiums at the statutorily-required rate of at least one and one-half times the applicable federal minimum wage rate for any hours that Plaintiff worked over forty in a week. Defendants further violated the NYLL and/or the NYCRR by failing to: pay Plaintiff, manual worker, at least as frequently as on a weekly basis, paying her monthly instead; furnish Plaintiff with any wage statement on each payday, let alone an accurate one; and reimburse Plaintiff for advancing the cost of tools or supplies by no later than the time of the next payment of wages. After litigating the matter in the Supreme Court of the State of New York, the Firm negotiated a settlement of $125,000.00.  Edgar M. Rivera handled the matter for the Firm.

If you or anyone you know has been discriminated against or retaliated against, and/or paid improperly, contact our office immediately so we can seek to recover any damage caused by your employer against you.  Contact our office at wwww.employmentlawyernewyork.com, (516) ABOGADO or (212) 679-5000 for an initial consultation at no cost.