Legal News

Wage Theft – Employer’s Failure to Pay You Your Wages, Salary and/or Commissions

The law firm of Carmel, Milazzo & DiChiara (“CMD”) is investigating employers who fail to pay wages, salary and/or commissions to employees, usually upon their resignation or termination.

Under New York law, when an employer fails to pay you your wages, salary and/or commissions, you have the right to recover the full amount of wages, salary, commissions, benefits, and wage supplements accrued during the six years prior to commencing an action, as well as reasonable attorney’s fees, plus an additional 100% of unpaid wages, salary or commissions as liquidated damages unless the employer establishes a good-faith defense.

In addition, owners, officers, and members of the employer/Company can be held personally liable for failing to pay an employee their wages, salary and/or commissions.  Not only will an employee be able to go after a Company’s members, but also their successive owners.  Indeed, an employer similar in operation and ownership to a prior employer which had been found in violation of the New York Labor Law, shall be deemed to be the “same employer if the employees of the new employer are engaged in substantially the same work in substantially the same working conditions under substantially the same supervisors, or if the subsequent employer has substantially the same production process, produces substantially the same products and has substantially the same body of customers.”  Such subsequent employer shall continue to be liable for the acts of the prior employer under New York law.  Further, New York law prevents employers from avoiding their liabilities by forming “alter ego” companies.

New York Labor Law applies only to an “employee” which is defined as “any person employed for hire by an employer in any employment.”  This definition excludes independent contractors; however, there is extensive case law on the subject of what actually constitutes an independent contractor or employer-employee relationship.  Thus, just because your employment agreement designates you as independent contractor, does not mean you are actually an independent contractor under the law. Indeed, the determination of independent contractor status is governed by a multitude of factors, including, the employer’s supervision, direction and control over the employee/independent contractor.

If you or someone you know did not receive their last paycheck, multiple paychecks, overtime wages, salary, commissions, or were not reimbursed for expenses, you may be entitled to recover your losses in New York court or through FINRA or AAA arbitration. CMD accepts cases on a contingency fee basis, which means we only get paid if you get paid.  Your time to file a claim may be limited, so contact us today at (212) 658-0458 or contact@cmdllp.com for a free and confidential case evaluation.

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