Employment Law Attorneys Putting the Labor Enforcement System to Work for New York Employees

Division of Labor Standards supports employees who have been denied earned wages

In an effort to attract new employees, many employers offer a fringe benefits package. These packages provide incentives beyond the benefits required by state and federal laws, and may include holiday pay and vacation pay. Unfortunately, while many organizations follow through on the promise to pay an employee for these benefits, others fall short of meeting their commitments, and break the law in the process.

In New York State, the Division of Labor Standards investigates claims for unpaid benefits or wage supplements which an employer has agreed to provide. For years, the New York employment law attorneys at Hepworth, Gershbaum & Roth, PLLC have worked closely with representatives from the Division of Labor Standards. This experience allows us to help wronged employees understand the services the organization offers, and the best strategies for putting those services to work for their benefit.

What does the Division of Labor Standards do?

The New York State Department of Labor Standards oversees all wage and benefits matters pertaining to employers and employees throughout the state.  One of the DOL’s most vital tasks, however, is the oversight of wage supplements, or added benefits paid to an employee. Without the DOL’s management of these supplements, employers would be left to moderate themselves on their payment, leaving employees without a voice or support in times of dispute.

The various forms of wage supplements addressed by the DOL include:

• Vacation pay

• Holiday pay

• Paid sick leave

• Retirement benefits

• Welfare benefits

• Expense reimbursements

Employees who are promised these supplements, but do not receive them have the option to file a claim with the DOL. Following a claim for unpaid wage supplements, the DOL conducts an investigation and issues a ruling on the merit of the claim. In most cases, a ruling for or against compensation for unpaid wage supplements is generally binding.

How do I file a claim with the DOL?

To file a claim with the DOL, you must first gather all related supporting documentation, including:

• Your employment agreement: The original agreement you signed upon your hiring likely sets forth the terms of any wage supplements you are eligible to receive. Obtaining a copy of this document, as well as any amendments you may have agreed to, is key to proving your eligibility for the wage supplement in question.

• Correspondence from HR: Emails or letters from human resources discussing your eligibility for a wage supplement may be valuable pieces of evidence. Be sure to save and document any such correspondence from HR, especially those that relate to your recent qualification or disqualification for a wage supplement.

• Paystubs: Proving a history of payment for a wage supplement is a great way to favorably resolve a related dispute. Providing that your eligibility for a wage supplement has not changed, a paystub showing a wage supplement payment is a powerful piece of evidence.

Once all documentation has been gathered, you must complete the claims form and submit all paperwork to your nearest DOL office.

Do I need an attorney to file a claim?

The simple answer to this question is no, you do not technically require an attorney to file a claim with the DOL. However, while it is not legally necessary to retain an attorney before filing a claim, it may be in your best interests to do so.

• An experienced attorney should have the skill and knowledge needed to help you:

• Gather the necessary documentation

• Properly complete the claim paperwork

• Avoid costly missteps along the way

At the very least, consider discussing your wage denial concerns during a free consultation with a New York employment lawyer. Doing so may shed light on issues you overlooked or are confused about, which may prove the difference between filing a successful claim and starting over from the beginning.

Schedule a free consultation with one of our New York employment law attorneys

At Hepworth, Gershbaum & Roth, PLLC, our New York employment law attorneys know how important it is to hold employers accountable for immoral wage policies. Whether you have been denied payment for fringe benefits such as holiday pay, or are waiting to be paid for your base wages, we can help. To schedule a free consultation with one of our New York employment law attorneys, please contact us online or call 212-545-1199 today.