The RCBJ recently reported on a pending lawsuit against Luigi O’Grady’s deli in Pearl River. The claims in that case are standard ones seen in most wage and hour litigation, namely failure to provide notices, violation of minimum wage standards, and failure to pay appropriate overtime. The law surrounding these claims bears careful attention by every employer, as the stakes in these cases can be quite high.
The Claims
The first category of claims allege failure to provide wage theft notices and rate of pay notices required by state and federal law. The maximum liability for these violations is capped, so these are typically “ride-alongs” to the essential claims of minimum wage and overtime violations.
Minimum wage claims simply allege that the employer paid less than the minimum wage set by the New York State Labor Law. Although these claims sound easy enough to defend, difficulty arises when there is a factual dispute about how many hours an employee worked during a particular time period. For example, if an employer paid an employee gross wages of $450 for a given week and claims that the employee worked thirty hours that week, the resulting hourly rate of $15 would be legally sufficient. However, if the employee claims to have worked 38 hours that week, the resulting rate would be below the current minimum. The general minimum wage in Rockland County in 2022 is $13.20/hour (but $15.00/hour for fast food...
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