$210,000.00 – Wage & Hour Violations, Gender Discrimination, and Retaliation

August 2025

Firm represented two former employees against their former employer for unpaid overtime wages in violation of the Fair Labor Standards Act (“FLSA”), the New York Labor Law (“NYLL”) and the N.Y. Comp. Codes R. & Regs. (“NYCRR”), as amended, the anti-retaliation provisions of Section 215 and 740 of the NYLL, the anti-familial status discrimination provisions of the New State Human Rights Law (“NYSHRL”) and the anti-gender discrimination provisions of the NYSHRL.  Generally, the Plaintiffs contended that they worked more than forty hours in a workweek, but Defendants failed to compensate them at the statutorily required overtime rate of one and one-half times their regular rate of pay for all hours that they’ve worked per week in excess of forty.  However, despite their non-exempt status due to Defendants paying Plaintiff on an hourly basis, Defendants failed to pay Plaintiff for most of the hours that she worked each week beyond forty at any rate, and when they did pay her for some of that time, they frequently did so late, all in violation of the FLSA, NYLL and the NYCRR.  In further violation of the NYLL and/or the NYCRR, Defendants did not timely pay Plaintiffs all spread of hours pay due, which is one additional hour of pay at the minimum wage rate for all days when her shift exceeded ten hours in length from start to finish, irrespective of any breaks, nor did they pay them all of their gratuities due in a timely manner.  Defendants also violated the NYLL by failing to provide Plaintiffs with an accurate wage notice at the time of their hire with an accurate wage statement on each payday.  After filing the case in court, the parties agreed to mediation and shortly thereafter, the case concluded in a settlement in the amount $210,000.00.  Anthony P. Consiglio handled the matter on behalf of the firm.

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