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Meal & Rest Break Violations in New York

Started by help_me_driver_legal · Feb 16, 2024 · 1,706 views · 7 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
HM
help_me_driver_legal OP

Quick background on my situation in New York — any input appreciated.

denied overtime for 6 months. I've been dealing with this for about 6 months now and the situation isn't improving.

I have worked at this company for 11 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

What are the risks if I pursue this? What's the likely timeline?

DW
desperate_worker_CO

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

RM
RestaurantOwner_Miami

I've seen this play out several times in my field.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

AT
anon_trader_IL

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

FT
first_time_homeowner_2024

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, Title VII. Your state may provide additional protections.

Before taking legal action, consider sending a formal demand letter. In many cases, this alone resolves the issue.

GL
GigWorker_LA

I've dealt with this before.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

JC
just_curious_student_GA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

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