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Wage And Hour Violations
Summary
Potential causes of action for a wage and hour complaint under New York Labor Law include failure to pay minimum wage and overtime, lack of wage notices and statements, unpaid wages, illegal deductions, and retaliation. Consider consulting with a local attorney for personalized legal advice.Full Conversation
Hi. I need help drafting a statement of facts section for my complaint
Hi ****! I'd be happy to help with that. Could you please provide some details about your case? What is the nature of your complaint?
It is a wage and hour complaint for a violation New York Labor Law minimum wage, overtime and spread of hours. Along with New York Codes, Rules and Regulations
Hi ****! To help you draft the statement of facts, could you provide specific details about the violations you experienced, such as the dates, hours worked, and any other relevant information related to your wage and hour complaint? This will help me give you more accurate guidance.
Plaintiff: Jorie Itsuko Wach
Defendant: Jin Massage Therapy and Jin-Yan Liu
Blackmail Dirt: When Jin had an insurance inspection, she kicked Jorie out because she didn't want them to see Jorie so that they can avoid paying labor insurance.
Dates of employment: August *, * to May *, *.
Hours: *:00am - midnight
once a week she requested * hours off
she guarantees her between $*-$* per day
no wage notice
no wage statements
got paid every day, in cash
Lowest amount she made in a day is zero dollars. The first month and second month she really made very little. In January the boss went to China for 40 days and she only gave Jorie * customer while she was away.
If her boss doesn't give her clients she doesn't have business.
Worked 7 days a week
Whenever doing a massage, Jorie was getting $*/hour from her boss plus tips
Owners name is: Jin-Yan Liu
On an $* transaction, she would get $* boss would keep $*. On a $* transaction she would also only pay her $*/hour.
Case Rating: *
It sounds like you have a strong case for violations of New York Labor Law related to wage and hour issues. Would you like to be connected to local lawyers who can better assist you with your case?
To proceed, could you please provide a bit more information about the issue, such as any specific instances where you were not paid correctly or any documentation you have?
It sounds like you have a strong case for violations of New York Labor Law related to wage and hour issues. Would you like to be connected to local lawyers who can better assist you with your case?
To proceed, could you please provide a bit more information about the issue, such as any specific instances where you were not paid correctly or any documentation you have?
Plaintiff was not paid minimum wage or overtime
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide your name, phone number, email address, and zipcode?
Would you like to be connected to local lawyers who can better assist you with your case? If so, could you please provide your name, phone number, email address, and zipcode?
No
Case Rating: *
It looks like you have a solid case regarding wage and hour violations under New York Labor Law. Here are some key points to consider for your statement of facts:
- Employment dates: August *, * to May *, *
- Worked from *:* am to midnight, 7 days a week
- No wage notice or wage statements provided
- Paid in cash daily, with inconsistent amounts
- Minimum wage and overtime not paid
If you have more specific instances or documentation, make sure to include those details. If you need additional assistance or have further questions, feel free to ask!
It looks like you have a solid case regarding wage and hour violations under New York Labor Law. Here are some key points to consider for your statement of facts:
- Employment dates: August *, * to May *, *
- Worked from *:* am to midnight, 7 days a week
- No wage notice or wage statements provided
- Paid in cash daily, with inconsistent amounts
- Minimum wage and overtime not paid
If you have more specific instances or documentation, make sure to include those details. If you need additional assistance or have further questions, feel free to ask!
Draft a statement of facts paragraph with all of the information I gave you
Case Rating: *
Certainly, here is your draft for the statement of facts paragraph:
---
Plaintiff, Jorie Itsuko Wach, was employed by Defendant, Jin Massage Therapy and Jin-Yan Liu, from August *, *, to May *, *. During this period, Plaintiff worked from *:* am to midnight, seven days a week, with only one seven-hour break each week. Despite working long hours, Plaintiff did not receive minimum wage or overtime pay as required by New York Labor Law. Plaintiff was not provided with wage notices or wage statements and was paid daily in cash with inconsistent amounts. The lowest amount Plaintiff earned in a day was zero dollars, with significant earnings only occurring sporadically. In January, while the Defendant was in China for 40 days, Plaintiff was given only one customer, resulting in minimal income. Additionally, Plaintiff was paid $* per hour for massages while the Defendant retained the remaining amount from each transaction. Defendant also engaged in deceitful practices, such as expelling Plaintiff during an insurance inspection to avoid paying labor insurance.
---
If you need any further assistance, feel free to ask!
Certainly, here is your draft for the statement of facts paragraph:
---
Plaintiff, Jorie Itsuko Wach, was employed by Defendant, Jin Massage Therapy and Jin-Yan Liu, from August *, *, to May *, *. During this period, Plaintiff worked from *:* am to midnight, seven days a week, with only one seven-hour break each week. Despite working long hours, Plaintiff did not receive minimum wage or overtime pay as required by New York Labor Law. Plaintiff was not provided with wage notices or wage statements and was paid daily in cash with inconsistent amounts. The lowest amount Plaintiff earned in a day was zero dollars, with significant earnings only occurring sporadically. In January, while the Defendant was in China for 40 days, Plaintiff was given only one customer, resulting in minimal income. Additionally, Plaintiff was paid $* per hour for massages while the Defendant retained the remaining amount from each transaction. Defendant also engaged in deceitful practices, such as expelling Plaintiff during an insurance inspection to avoid paying labor insurance.
---
If you need any further assistance, feel free to ask!
Make each sentence it's own paragraph and number it
Case Rating: *
*. Plaintiff, Jorie Itsuko Wach, was employed by Defendant, Jin Massage Therapy and Jin-Yan Liu, from August *, *, to May *, *.
*. During this period, Plaintiff worked from *:* am to midnight, seven days a week, with only one seven-hour break each week.
*. Despite working long hours, Plaintiff did not receive minimum wage or overtime pay as required by New York Labor Law.
*. Plaintiff was not provided with wage notices or wage statements and was paid daily in cash with inconsistent amounts.
*. The lowest amount Plaintiff earned in a day was zero dollars, with significant earnings only occurring sporadically.
*. In January, while the Defendant was in China for 40 days, Plaintiff was given only one customer, resulting in minimal income.
*. Additionally, Plaintiff was paid $* per hour for massages while the Defendant retained the remaining amount from each transaction.
*. Defendant also engaged in deceitful practices, such as expelling Plaintiff during an insurance inspection to avoid paying labor insurance.
*. Plaintiff, Jorie Itsuko Wach, was employed by Defendant, Jin Massage Therapy and Jin-Yan Liu, from August *, *, to May *, *.
*. During this period, Plaintiff worked from *:* am to midnight, seven days a week, with only one seven-hour break each week.
*. Despite working long hours, Plaintiff did not receive minimum wage or overtime pay as required by New York Labor Law.
*. Plaintiff was not provided with wage notices or wage statements and was paid daily in cash with inconsistent amounts.
*. The lowest amount Plaintiff earned in a day was zero dollars, with significant earnings only occurring sporadically.
*. In January, while the Defendant was in China for 40 days, Plaintiff was given only one customer, resulting in minimal income.
*. Additionally, Plaintiff was paid $* per hour for massages while the Defendant retained the remaining amount from each transaction.
*. Defendant also engaged in deceitful practices, such as expelling Plaintiff during an insurance inspection to avoid paying labor insurance.
Based on this, what would the causes of action be for a wage and hour complaint
Case Rating: *
Here are the potential causes of action for a wage and hour complaint under New York Labor Law based on the provided information:
*. Failure to Pay Minimum Wage:
- Defendant did not ensure the Plaintiff received the legal minimum wage for all hours worked.
*. Failure to Pay Overtime:
- Defendant did not pay the Plaintiff overtime wages for hours worked beyond * hours per week.
*. Failure to Provide Wage Notices:
- Defendant did not provide the Plaintiff with the required wage notice at the time of hiring.
*. Failure to Provide Wage Statements:
- Defendant did not provide regular wage statements with each payment.
*. Unpaid Wages:
- Plaintiff was paid inconsistently and sometimes not at all for the work performed.
*. Illegal Deductions:
- Defendant retained a significant portion of the earnings from each transaction, which may constitute illegal deductions.
*. Retaliation/Deceitful Practices:
- Expelling the Plaintiff during an insurance inspection to avoid paying labor insurance.
Would you like any further information or assistance on any of these points?
Here are the potential causes of action for a wage and hour complaint under New York Labor Law based on the provided information:
*. Failure to Pay Minimum Wage:
- Defendant did not ensure the Plaintiff received the legal minimum wage for all hours worked.
*. Failure to Pay Overtime:
- Defendant did not pay the Plaintiff overtime wages for hours worked beyond * hours per week.
*. Failure to Provide Wage Notices:
- Defendant did not provide the Plaintiff with the required wage notice at the time of hiring.
*. Failure to Provide Wage Statements:
- Defendant did not provide regular wage statements with each payment.
*. Unpaid Wages:
- Plaintiff was paid inconsistently and sometimes not at all for the work performed.
*. Illegal Deductions:
- Defendant retained a significant portion of the earnings from each transaction, which may constitute illegal deductions.
*. Retaliation/Deceitful Practices:
- Expelling the Plaintiff during an insurance inspection to avoid paying labor insurance.
Would you like any further information or assistance on any of these points?
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