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  1. #1
    Join Date
    May 2010
    Posts
    2

    Default Owed Money After Being Laid Off

    My question involves labor and employment law for the state of: New York

    I was let go Friday due to lack of work. My company owes me three months of "foreman's allowance" which adds up to $2,250. Normally the monies are dispersed monthly. For the last year, I have technically been on the payroll of another company that we are in joint venture with on a few projects. My expense checks still came from the original company but now they were checks for two months worth.

    I received Jan & Feb 2010 ($1500). I was expecting Mar & April 2010 in the first week of May and never received it. On the last working day of May I was let go.

    In my research this is what I found:
    Section 198-c (3) of the New York State Labor Law excludes from wage supplement coverage those persons in an administrative,
    executive or professional capacity whose earnings exceed $900 gross per week


    I am a union carpenter, I held the title of Foreman. The monies were allotted in lieu of a company pickup. They were to cover cost of my personal vehicle, fuel and tolls. Does the above apply to me?

    I have not made and official inquiry about obtaining the money owed. I'm trying to gather all information before I make any calls.

    Thanks in advance,
    Tim

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Owed Money After Being Laid Off

    It's Administrative, Professional, or Executive (i.e., exempt) AND making over $900/week. Were you exempt or nonexempt?

    Having said that, do you have anything in writing regarding this extra pay? The fact that they paid it to you at one point is in your favor, but this is really a contract issue, not a wage and hour issue. Generally speaking, the state and federal laws care only that you make minimum wage and get paid overtime when legally required.

  3. #3
    Join Date
    May 2010
    Posts
    2

    Default Re: Owed Money After Being Laid Off

    It's Administrative, Professional, or Executive (i.e., exempt) AND making over $900/week. Were you exempt or nonexempt?
    Not Sure. I made well over $900 per week. Am I considered one of the three?

    do you have anything in writing regarding this extra pay?
    No. I have two years worth of check stubs and the 1099s for the monies paid.

    I'm thinking this is going to be a civil matter and I'm going to have to sue for my money. Correct?

    TIm

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Owed Money After Being Laid Off

    From what you've added in your second post, yes, I would guess that you will need to file this in small claims.

  5. #5
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Owed Money After Being Laid Off

    Wait a minute--1099? You were an independent contractor? If so, then you'll have to sue.

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