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HELP! New York Labor Dept believes claim of outrageous overtime hours

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  • HELP! New York Labor Dept believes claim of outrageous overtime hours

    I am a small real estate investor who had someone work for me to primarily clean up around one of my houses I had renovated.

    He worked for 5 months, was paid $13 per hour and then received raises up to $18 after constant requests for more money. He was found walking around shopping while on the clock and was let go with a bit of severence.
    He was paid informally, with my personal checks.

    I was contacted by the NY Dept of Labor's investigator who asked to meet with me. They said I owed this worker $7500 in overtime pay which was ludicrous. I contacted a labor attorney to handle this. I provided him with timesheets that confirmed he received his wages. He worked at most 40 hours per week. This worker is demanding overtime saying he worked for nearly 18 months from 7am until 11pm and on weekends too.

    The meeting with the investigator seemed like they did not believe this worker's claims. 6 months went by with nothing heard until we received an Order to Comply for $12,000 which includes interest at 16% and a civil penalty. Payment demanded within 60 days or else a judgement filed with the court

    This Order to Comply was rendered without a hearing. We have not seen a shred of evidence to substantiate any of the claims--hours worked and the time period of his work. We never had the opportunity to cross-examine the worker. This guy is a complete liar.

    I have the right to appeal within 60 days, yet I feel that I was denied a hearing. Can anyone help? Unfortunately, my attorney has not been much of a help.

  • #2
    Originally posted by NYDefense View Post
    He was paid informally, with my personal checks.
    Uh oh.

    Originally posted by NYDefense View Post
    I provided him with timesheets that confirmed he received his wages.
    Given the first quote, I would have a difficult time accepting the second one as credible.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Is this a federal or state labor claim? If federal you may have a case if you can prove you are not an employer.
      ========================================

      "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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      • #4
        I'd be more worried about the ex-employee taking it up with the IRS. "Informal" payments are generally a bad thing.

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