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Do i got to bring this to the NYS dep. of labor?

Albany, NY |

I got asked by my manager at dunkin donuts if i could start working the night shift. Sunday through Thursday night, 40 hours a week. One of the first things i asked her was ...will i get a night time pay differential? i was told yes so i agreed to work night shift. Now, this had to be more then 6 months ago and i haven't seen a single dime. its really irritation because ive asked about 3-4 times since and have been told that yes ill have a raise, each of those times. Tonight, im thinking about calling it quits but first wanted to see if i can find any legal advice about this because i have heard many different things about how its not legal for this to be happening.

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Attorney answers 3


Do you have any proof they offered the differential?

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.



no proof besides the fact that i wouldnt have taken the job if i wasnt supposed to get a raise. all though im told that whether the manager says so or not, at my dunkin donuts the night shift persons supposed to have some kind of deferential to begin with.


Do you have anything in writing regarding night differential? You may want to seek a job that will make you happy.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or


Refuse to go to work, but let your boss know why. It's unlikely, but he may finally come up with some cash. Most likely, he will deny that anything definite was promised. So, don't start working until you have the full amount of what you want in your hand.

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