Published on:

Workers Allege New York Supermarket Has Not Been Paying Minimum Wage or Overtime Pay for Years

Thumbnail image for Thumbnail image for Thumbnail image for above-the-bar-logo.jpgA group of 48 current and former workers are suing Farm Country, their East New York supermarket employer, for not paying them their legal wages for years. The employees have alleged that they were not paid minimum wage or overtime pay and were sometimes making as little a $4.52 an hour for working 12 hour days.

Ruben Guardada of Flatbush has charged that he was never paid overtime in the four years he worked at the supermarket. He stated that he “knew they were taking advantage of us, but I needed the work to support my family.” He has now filed suit because he doesn’t want other employees to be taken advantage of like he was. If your employer is taking advantage of you by not paying you minimum wage or overtime pay, our attorneys can help you recover your rightful wages. Our attorneys have helped many workers recover their rightful wages.

The Fair Labor Standards Act (“FLSA”) and New York State law both require that a minimum wage of $7.25 per hour applies to all non-exempt workers, even if you are an undocumented employee. The FLSA also provides that covered nonexempt employees must receive overtime pay for all hours worked in excess of 40 hours per workweek at a rate of at least 1 ½ times the regular rate of pay. The Act does not require that you be paid overtime if you work on weekends, holidays or your regular days of rest unless you work overtime on such days. For example, if your schedule is to work Monday, Tuesday, Wednesday, and Saturday, you should not be paid overtime unless your total number of hours exceeds 40 hours for the week.

The FSLA requires employers to display an official poster setting forth the Act’s provisions. You can obtain a free poster from the Wage and Hour Division by calling 1-866-4USWage or you can electronically download and print it at http://www.dol.gov/osbp/sbrefa/poster/main.htm. If you are a covered employer, you must keep certain records for every non-exempt employee. The following is a list of basic information that you must maintain:

  • Every worker’s full name, address, and social security number;
  • Date of birth, if younger than 19;
  • Sex and occupation;
  • Time and day of week employee begins workweek;
  • Number of hours worked each day;
  • Basis on which employee’s wages are paid;
  • Regular hourly rate of pay;
  • Total daily or weekly straight time earnings;
  • Total overtime earnings for the workweek;
  • All additions to and deductions from the employee’s wages;
  • Total wages paid for each pay period; and
  • Date of payment and the pay period the payment covers.

If you are an employer, make sure you retain your payroll records for at least three years. Any records that you use to compute wages should be retain for two years. For example, these would include time cards, wage rate tables, work and time schedules, and records of additions to or deductions from wages.

It is a shame when employers don’t pay their employees minimum wage and overtime pay. It not only results in the theft of workers’ wages but also affects the economy and taxes collected by the government. Our attorneys have recovered wages and overtime pay for many employees, including workers employed by restaurants, grocery stores, hotels, as well as many other occupations. If you are not being paid minimum wage or overtime pay, call our Wage & Hour Attorneys at Villanueva & Sanchala at (800) 893-9645 to help you recover your rightful wages.

Disclaimer: 

Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.