I found out that a former employer had misclassified me as exempt when I was not. I filed a complaint with the NYSDOL for overtime and I waited. This week, over 2 years later, a DOL supervisor called to say my case was being dismissed because I was a "Highly Compensated" employee. I said, "But I do not fit that exemption because I did not earn $100K." Then she said, "You signed a "general release" when you took severance so we will dismiss because of that." I said "Isn't the agreement unenforceable because an employee cannot sign away rights to overtime?" Annoyed she shouted, "Look, the DOL does not have to take every case, okay?" So my complaint is dismissed because the DOL doesn't feel like doing their job. Can I still file a complaint in court?
First, I am sorry to hear that the administrative process failed you. Next this issue is pretty complicated and depends very much on the specific facts of your engagement as an employee. You may, or am not, have recourse. Feel free to email or call me and I can point you in the right direction.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee
Libel / Slander Lawyer
Your problem is that the statute of limitations has now run out. I would suggest contacting the investigator's supervisor or the law department of the DOL to see if they will pursue your cases any further.
You need to sit down with an experienced employment attorney immediately. The down side is that if an employment attorney is able to pursue this for you, you will likely end up giving them 33%, however the bright side is that unlike that DOL worker, the employment attorney will be motivated to pursue your claims!
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