Employers in New York cannot willfully turn their backs to the state’s minimum wage and overtime laws and expect to get away with it. Courts or the Department of Labor are likely to impose hefty fines or penalties. Today’s employment law blog discusses the penalties employers on Long Island and in the rest of the state can face for willfully violating the law. Continue reading
In October 2015, Long Island employment lawyers, Famighetti & Weinick, PLLC, filed a lawsuit alleging that a Long Island gas station did not pay their client overtime for the 35 hours per week that he worked overtime. The firm also alleged that the gas station did not provide the client proper notice about his wages or proper wage statements when he was paid. On August 30, 2017, United States Magistrate Judge Anne Y. Shields recommended to District Judge Spatt, that he order the gas station to pay $30,380 in damages, and $12,370 to F&W, for their work on the case.
Judge Recommends Answer Be Stricken and Default Entered
In the gas station case, F&W filed a lawsuit to which the defendants appeared in and submitted a response, called an answer. However, in the course of the lawsuit, the defendants or their lawyer failed to obey court orders, failed to respond to motions, and failed to participate in the discovery process. Further, after F&W filed an “amended complaint,” which sought to add a defendant, the defendants failed to respond to the amended complaint by submitting an answer. Magistrate Judge Shields recommended that the defendants’ existing answer be stricken and that a default judgment be entered against all the defendants because of their exhibited “willful” failure to defend themselves in the lawsuit.