Wage & Hour Successes

The Klein Law Group, P.C., has changed the names of clients in the following wage and hour success stories to protect their privacy. Please contact our attorneys online or call our office in New York to speak with a lawyer if you need help with a wage and hour claim.

Our international staff speaks Polish, Spanish, Chinese (Mandarin and Cantonese) and Russian.

May 2018.

More Success From Our Wages & Hours Division

We have a zero-tolerance approach to employers who refuse to pay the legal minimum wage, or who don’t pay proper overtime wages, or who bully or take advantage in any way of New York’s working men and women when it comes to wages, overtime, tipped wage credits for restaurant workers. I’m very proud and gratified to report our recent victories:

Two air-conditioner workers were denied overtime. We filed suit in federal court, and the employer realized he couldn’t win and settled the case.

Two construction workers were refused overtime, and falsely designated as independent contractors by their boss. We took over this case after another lawyer and started it, and negotiated a terrific settlement for our clients.

Fifteen workers were misclassified by the employer as having no right to overtime. We joined them together in a collective action, filed suit, and were able to settle the case–and the employer properly classified all such workers for the future.

We filed suit for a landscaper, and the judge ordered us to go to mediation. At mediation, we negotiated a great settlement for our client.

November 2014.

Big Victory From Our Wages & Hours Department (No More Wage Theft!)

Roberto Castillo* worked as a construction laborer for a construction company on Staten Island. His employer paid him a weekly salary, but refused to pay him any overtime, although Roberto frequently worked overtime hours.

But that wasn’t all. Roberto’s employer underpaid his wages on a regular basis. But when Roberto complained to his employer about underpaying his wages, the employer physical attacked him.

Roberto came to talk to us about how his employer had committed wage theft against him, by not paying him his legal overtime wages, and by refusing to pay him the regular wages he’d earned in good faith. We were very angry to learn that he had been assaulted simply for standing up for his legal rights, and we immediately filed a law suit against his employer.

I’m happy and proud to report that while we were preparing for trial, Roberto’s employer realized that he would lose if he fought us, and we were able to settle the case.

Whether you are a construction worker or a general laborer; whether you build buildings or tear them down; whether you work in a restaurant or an office-you are entitled to the wages you earn-never let any employer bully you or steal your rightful legal wages! You are entitled to overtime pay, and you have many other workplace rights as well.

I am happy to speak with anyone who feels that his rights are being denied by his employer. Your consultation is free. When we talk, I will never share your name or identity with anyone-you may consult with me knowing that I will protect your privacy. I want to hear about any workplace bullying or mistreatment-at the Klein Law Group we fight for the rights of New York’s working men and women.

Great News From Our Wages & Hours Division

Maria Velez worked for a wealthy family who, rather than be grateful for their success, chose instead to bully Maria into working brutally long hours for less than the minimum wage, and without overtime.

Treating Maria as nothing more than a wage slave, this family moved her on a whim from working as a housekeeper, to preparing food at their grocery store, to working as a retail clerk.

We filed against the defendants in Federal Court-but they decided to settle with us rather than face us before a Federal judge.

It’s an honor to advocate for New York’s workers who are cheated and abused by unscrupulous employers. New York’s working men and women are the bedrock of our economy, and should always be treated with the greatest respect and with full recognition of their legal rights.

Any time you have questions about Wage & Hour, Workers’ Compensation, or Social Security Disability laws please don’t hesitate to give me a call.

The name of our client has been changed to protect her privacy.

Our 2013 Wages & Hours Success!

I am very proud to report that in 2013 we have not lost a single Wages & Hours case. We have successfully settled or won cases against several restaurants, a car wash, several construction companies, a drug company, and a supermarket.

Many of our successful clients are undocumented workers, who in good faith worked their hardest and best for employers who then tried to steal their wages.

When an employer refuses to pay a legal wage, and refuses to pay a worker the money that he or she has earned, that is wage theft, and it is illegal and immoral.

In 2014 we will continue our fight on behalf of working men and women who have been cheated by their employers out of a proper, legal wage.

Very best wishes,
David Klein


Another Wages & Hours Success Story There Is Power In Joining Together

A satisfied client referred a car wash worker to us, Jorge Garcia*, because his employer was refusing to pay him the legal minimum wage, and refusing to pay him overtime. We explained to Jorge that a bullying, law-breaking employer is almost always abusing more than only one worker. Jorge then called a number of his friends who also worked at the car wash. They were afraid of suing their boss, but when we explained that they could sue together as a group, they were eager to proceed. They wanted justice not only for themselves, but they wanted to stop the boss, once and for all, from abusing new workers in the future.

So all ten car wash workers hired us. We filed in court, and began the process of preparing for trial, when the car wash owner decided that it was better to settle with us than to fight us on trial.

As always, it is a privilege to represent working men and women who are being taken advantage of by unscrupulous employers, or who have suffered accidents on the job. Our door is always open if you have questions about Wages & Hours Law or Workplace Accident Law.

*The client’s name and other identifying details have been changed to protect his privacy.

Tommy Fong

For many years, Tommy Fong* worked as a deliveryman for a busy restaurant in Queens. Although he was a loyal employee, and worked very hard, his boss refused to pay him a legal minimum wage, and also abused Tommy’s legal rights where his tips were concerned. The boss also refused to pay overtime, and forced Tommy to buy his own bicycles to use for deliveries.

Tommy Fong came to us to represent him in a lawsuit against his bullying, law-breaking boss. We filed a suit in Federal Court. After we brought Tommy’s case through a number of significant pre-trial proceedings, his employer decided that it was best not to fight us on trial, and we were able to reach a substantial settlement for Tommy.

It is a privilege to represent working men and women in their right to a legal paycheck and to benefits at those unfortunate times when they become injured. Our door is always open if you have questions regarding Wages & Hours law, Workers’ Compensation law, and Social Security Disability.

*The client’s name and other identifying details have been changed to protect his privacy.

Xu Wang

Mr. Wang worked as a chef in a popular local restaurant. Although he was doing an excellent job, his employer insisted on Mr. Wang’s giving personal information that had nothing to do with his performance as a chef or with his obligation to his employer. When Mr. Wang refused to divulge this information, his employer refused to pay him his wages. We were successful in persuading the employer to restore Mr. Wang’s wages without having to go through the process of a lengthy and costly trial.

Estella Ortiz

Ms. Ortiz worked as a seamstress for a garment manufacturer. Week after week she was forced to work overtime. Her employer did not want to pay Estella proper and legal overtime wages, so he forced her to work some hours under her husband’s name, so that it would look like she had not worked the overtime hours. Estella came to us for help, and we immediately filed a Summons and Complaint in civil court. However, the employer was afraid to face us in court, and settled with Estella before trial.

John Romaine

Mr. Romaine worked as a trucker, and his employer paid him off the books, and at a salary that was below the legal minimum wage. Worse, his employer eventually refused to pay him for the time he put in every morning in the company warehouse, prepping the deliveries for the day. After we filed our complaint with the court, John’s employer was so intimidated that instead of filing an answer to the complaint, he contacted us to work out an excellent settlement for John and his family.

Pablo Escobar

Mr. Escobar worked for a restaurant in Queens as a Delivery Man. His employer tried to cheat Pablo out of his legal wages and his overtime—and he refused to pay Pablo for an entire month’s work. We sued Pablo’s employer, and we are pleased to say that, once again, we were able to obtain wage justice for another of New York’s workers.

Shao Chu Wen

Shao Chu Wen worked for a popular New York City restaurant. His boss refused to pay him minimum wage and overtime, and also refused to pay all the money that he had worked for and earned. We succeeded in negotiating a settlement for Shao Chu Wen.

It is a privilege to fight for the rights of all workers in New York, whether for a legal living wage, or for Workers’ Compensation and Social Security Disability benefits. If you have any questions about these important areas of the law, please don’t hesitate to give a call.

Note: For the sake of our client’s privacy, identifying information has been altered.

Bao Feng

We are proud to report that we have settled the case of Bao Feng after we accused his employer of wage theft.  Bao Feng delivered food for a restaurant in Queens.  The restaurant owner had refused to pay him the legal minimum wage, or his proper overtime.  When we were preparing to file suit, the employer became willing to settle the case instead of face us in a trial.

When an employer in New York refuses to pay the legal minimum wage, or overtime, or the legal spread-of-hours in New York we consider that to be wage theft. That is reprehensible, and employers must be made to pay. Whether you work in a restaurant, or in construction, or for a car wash—wherever you work in New York—you are entitled to a legal wage.  If your coworkers have also not been legally paid, you can join together in what is called a class action.

Arturo Espinoso

Arturo Espinoso worked for a White Castle on Staten Island. He was terminated and his manager refused to give him his last paychecks. We were able to arrange for the release of the entire balance of his salary without having to file a lawsuit.

Jian Lin

Jian Lin worked for a popular pizza restaurant. His employer refused to abide by the laws governing proper wages for workers in the restaurant industry. While we were preparing to file a lawsuit and take this case to trial, we persuaded the employer to settle with our client rather than face a long and costly trial.

Sofia Wisniewski

Sofia Wisniewski was hired for the billing department of a large medical office. Unfortunately, she was subjected to unrelenting hostility from her employer because of her place of national origin. Her employer also refused to pay her for the overtime hours she worked. Without having to take any testimony, we were able to settle this case to the great satisfaction of Ms. Wisniewski.

Evelyn Monfort

We have successfully negotiated a severance package for Evelyn Monfort after she was the victim of a retaliatory firing.

Evelyn had worked for years in a restaurant that is part of a large national franchise. When a medical issue forced her to file for time off, under the Family Medical Leave Act, she was fired.

Rather than take the restaurant to trial, Evelyn asked us to negotiate a severance package, which we successfully completed.

It is a great honor to fight for a legal and paycheck for the working men and women of New York. If you have any questions regarding Workplace rights, please don’t hesitate to call. .

Mike Johnson And Daniel Gomez

Mike Johnson and Daniel Gomez have successfully resolved their case against their employer, a construction contractor, after he illegally classified them as independent contractors.

Mike Johnson and Daniel Gomez were coworkers, employed by a construction company. When their boss asked them to work overtime, they agreed, because they needed the extra money, and because they wanted to help their employer finish his job on time.

Rather than be grateful for their loyalty, and rather than respect the labor and employment laws of New York, Mike and Daniel’s employer accused them of being independent contractors, and refused to pay the overtime that they had earned in good faith.

However, afraid to face us on trial, he elected to resolve his obligation to Mike and Daniel.

Note: For the sake of our client’s privacy, identifying information has been altered.