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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1842
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Im not from the state of new York. Im a heavy equipment operator

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Im not from the state of new York. Im a heavy equipment operator on a job in buffalo. The company I work for bid the job on a prevailing wage scale, but pay us what they want. For example. The per diem rate for this area is, I think $163 a day they pay us $75 dollars. Can they do this?
Submitted: 1 year ago via EmployeeIssues.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong. In regards XXXXX XXXXX being from the state of New York, New York law applies to all workers performing work in the state of New York.

Brandon, Esq. :

Paying an employee less than the prevailing wage is unlawful and can result in a very easy fix for you, and some heavy fines for your employer.

Brandon, Esq. :

All you would need to do is file an unpaid wage claim with the New York Department of Labor. This can be done here:

Brandon, Esq. :

NYS DOL
Division of Labor Standards
State Office Campus
Building 12, Room 185C
Albany, NY 12240

Brandon, Esq. :

It can be done by filing out this form:

Customer:

Then I would get fired.

Brandon, Esq. :

It is illegal to fire an employee for making a wage claim.

Brandon, Esq. :

If this did occur you would have what is known as a retaliation claim.

Brandon, Esq. :

You would be entitled to back pay, front pay, and emotional damage.

Brandon, Esq. :

In that instance, you would want to get an employment attorney involved. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Brandon, Esq. :

In a situation like that, an attorney would take your case on contingency which means that you would owe nothing out of pocket.

Brandon, Esq. :

That being said, since your employer likely is doing this to all of the employees, it may be in your best interest to get an attorney involved sooner to make the unpaid wage claim for you, and all of your fellow employees. This is because they can properly document your request to be paid wages (thus protecting you from being fired) as well as make the argument that it is in the best interest of the employer to pay you instead of owing significant fines to the state of New York.

Brandon, Esq. :

If you decide to find an attorney off of Martindale, you would type in "New York Employment law" into the search window, and then click on the link on the left that says Buffalo. That being said, any attorney in the state of New York will be able to help you.

Brandon, Esq. :

Additionally, by bringing a class action against the employer, they would be forced to fire everyone, as well as be subject to retaliation suits from everyone, which would ultimately put them out of business.

Customer:

Wow, I didn't no it was that serious.

Brandon, Esq. :

Not paying employees their prevailing wage can be very serious.

Brandon, Esq. :

Have I fully answered your question today?

Customer:

Is there a way around it, I mean as an employer. The employer is not from the state of new York. We are here just to work for a short time.

Brandon, Esq. :

The employer could dissolve the company and if they have set up the company in a way to limit their personal liability, reopen the company under a different name. Ultimately, however, they would have to declare bankruptcy, and the employees would be entitled to the assets of the company as payment.

Brandon, Esq. :

Not being from the state of New York does not help them in any way.

Customer:

thank you, XXXXX XXXXX a great help.

Brandon, Esq. :

Not a problem. I am glad that I could get you pointed in the right direction. Have I fully answered your question today?

Customer:

yes.

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.


 

Brandon, Esq. :

Have a wonderful rest of your day.

Customer:

you to, and I will do

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1842
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 8 other Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
Employment Lawyer
1842 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.