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My former employer refuses to pay , citing a time sheet disparity . Is this legal and what steps can I take to get them to pay ?

Brooklyn, NY |

I was hired for a part - time position , 15 hours a week at one rate with an additional 10 hours per week at another rate . After submitting my time sheet , my employer refused to pay , stating the 10 hours of admin time was to be done in the original 15 hours . Despite me providing documentation this is not true , they have refused to pay me until I " correct " my time sheet . I have refused to do so . I have not been paid for the whole month of January ( they pay monthly , I heard that is illegal as well ) . This employer is based i Brooklyn , NY . Can they legally refuse to pay me my total wages even when they only dispute a portion of it ?

Attorney Answers 3

Posted

Work that an employer "permits" is compensable and a good faith dispute is not a defense to payment. So this is illegal. You could file in small claims or hire a lawyer for a modest fee to file a civil complaint in Kings County Supreme.

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Posted

I suggest contacting the New York State Department of Labor to get assistance in collecting the wages you are owed.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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Posted

You may have claims under the NY State Labor Law/Wage Theft Prevention Act. If you prevail in Court, you may also be entitled to attorneys’ fees, liquidated damages, interest, and costs.
I trust that you kept a log of the work you did, in a journal at home, and have copies of the documentation that you indicate proves your position.

Seek legal advice ASAP from an experienced employment lawyer, who will help you assert your rights while ensuring that your job is not compromised as a result of doing so.

-Denise K. Bonnaig
212-374-1511

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