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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I have been a bookkeeper at a company for ten years. Four

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I have been a bookkeeper at a company for ten years. Four years ago my office manager decided to reduce the days of work. I was the only person affected by his decision. I am working off the books. I have asked him yesterday to be on the books again and go back to my four day work week. He said no and he said the company need to be making more money. On the other hang other employees are working over time. I am the only person affected by his decision. What can I do?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

it is against Federal and State law for paying an employee under the books, by doing this the employer has failed to pay you any unemployment insurance, social security, or other payroll taxes,

wallstreetfighter :

What you can do is advise the employer that you will file an official complaint with the State Wage office and Labor department, unless he settles with you.

wallstreetfighter :

If you file a complaint, the State agencies will investigate the matters, and can fine the employer a significant amount, especially since he has not paid any workers compensation, disability to the State.

Customer:

The office manager has picked on me to reduce my days

wallstreetfighter :

If you feel your race, gender, age or other protected civil rights is a reason for their actions, you can file a civil rights complaint as well.

Customer:

I only work 3 days but I was hired to work 4 days. Today he told me that I will be working the 3 days because they need to collect a certain amount of money. I sent them a email. I have no benefits. His salary is 3 times as much with dental and health insurance.

wallstreetfighter :

You should file a complaint with the State wage office for them not paying you on the books,

wallstreetfighter :

In NY you cannot force an employer to have you work more hours,

wallstreetfighter :

but you can file a complaint if they are violating the law.

Customer:

what can i do then

wallstreetfighter :

Wage and Hour/Labor Standards - State Agency


New York Department of Labor
Division of Labor Standards






















Albany District Office
State Office Campus
Bldg. 12, Room 185A
Albany, NY 12240
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Albany, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Green, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington
New York City District Office
345 Hudson Street
New York, NY 10014
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Bronx, Kings, New York, Queens, Richmond
Binghamton District Office
State Office Bldg.
44 Hawley St.
Room 909
Binghamton, NY 13901
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Allegany, Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga, Tompkins, Yates
Rochester Sub-District Office
109 South Union Street
Room 318
Rochester, NY 14607
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming
Buffalo District Office
65 Court Street
Room 202
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Cattaraugus, Chautauqua, Erie, Niagara
Syracuse District Office
333 East Washington Street
Room 121
Syracuse, NY 13202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Cayuga, Herkimer, Lewis, Madison, Oneida, Jefferson, Onondaga, Oswego, St. Lawrence, Seneca
Garden City Office
Suite 101
400 Oak Street
Garden City, NYNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Nassau, Suffolk
White Plains District Office
120 Bloomingdale Road
White Plains, NY 10605
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Counties Served: Orange, Putnam, Rockland, Westchester

 


Web Address: http://www.labor.state.ny.us/workerprotection/laborstandards/labor_standards.shtm


Agency Description/Mission: The Division of Labor Standards enforces the New York State Labor Laws concerning minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration and farm labor. It also administers the Employment Agency Law (Article 11 of the General Business Law) outside New York City.


Wages and Hours: Frequently Asked Questions


Wage and Hour/Labor Standards - Local Offices of Federal Agency (DOL)


U.S. Department of Labor (DOL)
ESA Wage & Hour Division













Albany District Office
Leo W. O'Brien Federal Building
Room 822
Albany, NY 12207
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
New York City District Office
26 Federal Plaza, Room 3700
New York, NY 10278
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
Buffalo Area Office
111 West Huron Street
Room 617
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
Syracuse Area Office
100 South Clinton Street
FOB Room 1247
Syracuse, NY 13260
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
Long Island District Office
1350 Old Country Road
Suite 410
Westbury, NYNNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/td>
White Plains Area Office
140 Grand Street
Suite 304
White Plains, NY 10601
Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>
wallstreetfighter :

You should advise the employer you will file a complaint with the State for their actions, and then contact the wage office which is closest to your area of work.

wallstreetfighter :

At this point this is your only recourse.

Customer:

do i have a case because i am the only person who works 3 days. They never gave a explanation for doing this. Everybody is at the 40 hour wk.

Customer:

in what terms they can fire me

wallstreetfighter :

no, you do not have a case for the time, unless you can claim they are doing this due to your race, age, gender, or place of origin.

wallstreetfighter :

In NY, they can the employer can terminate you for any reason, except if you file an official complaint,

wallstreetfighter :

with the agency above, that would be retaliation,

Customer:

so if I file a complaint they would able to fire me

Customer:

Well they have. my salary compared to the office manager is three times as much. He has benefits

wallstreetfighter :

No, if you file a complaint, and fire you, you could sue them for retaliation

Customer:

If I have another question can i contact you because my manager will have an answer on Tuesday. Do i have to pay again

wallstreetfighter :

Once you accept this answer, you can ask a follow up question with no charge.

wallstreetfighter :

You can ask for wallstreetfighter esq.

Customer:

ok thank you for your valuable help.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

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