Under both state and federal law, employers have to pay employees the minimum wage defined by statute and must pay eligible employees overtime, and employers that fail to do so may be held civilly liable. While many wage and hour claims must be resolved via trial, in cases in which an employer’s violations are clear, an employee may be able to obtain summary judgment on the question of liability. This was illustrated in a recent New York case in which the court found that the employer was liable for wage violations as a matter of law, and therefore a trial on the issue was not necessary. If you believe your employer failed to pay you appropriate wages in violation of wage laws, you should meet with a dedicated New York wage and hour attorney to discuss your rights.
The Plaintiff’s Employment History
It is alleged that from August 2003 through August 2018, the plaintiff worked as a sales-clerk for the defendant corporation which sold wholesale beauty products. The plaintiff did not have administrative or executive duties. He did not receive a notice from the defendant regarding his pay when he started and never completed any paperwork. He was paid a set amount every two weeks, regardless of how many hours he worked. He received his pay in cash and in a paycheck, but his paystubs did not reflect the cash amounts. Throughout the course of his employment, he worked fifty-seven hours each week. The plaintiff filed a lawsuit against the defendant, alleging the defendant’s practices violated the New York Labor Law, the Fair Labor Standards Act, and the New York Wage Theft Prevention Act. After discovery ended, the plaintiff moved for summary judgment on the issue of liability.
Proving an Employer Failed to Pay Minimum Wage and Overtime Compensation
Under the New York Labor Law, every employer that has ten or fewer employees must pay each of its employees the minimum wage set forth by the statute for each hour worked in New York City. In assessing whether an employer committed a minimum wage violation, a court will consider the average hourly wage of the employee, which is calculated by dividing the total pay an employee received in a workweek by the total number of hours worked during that week.