Legal Question in Employment Law in New York

The company I work for does regular pay jobs and prevailing wage jobs. We work for a base pay then when on a prevailing wage job they deposit the difference between our base and prevailng wage into an enuity account for retirement. Well this account always looses money, so I made an agreement with my employer to pay me salary 40 hours a week and when i was on prevailing wage jobs he could keep the diference in return for my pay to continue when work was slow . Well this has gone on for a few years and I have never lost any time so he has done well in our agreement. but now work is slow and he is saying I have nothing in writing so he wont hold up his end of the agreement . If there is nothing in writing saying he could keep that money then can I make him put that money into the account as he has done for many years before . just to keep you up to things we are talking 1 year of $8.50 per hour then one year of $ 9.50 then a year or more of close to $11.00 per hour all 40 hour weeks 52 weeks a year . this is the amount they kept. not to mention the 741 overtime hours I worked in that time and did not get paid for because I was salary. Just wondering were I stand or if I am screwed because I trusted them !


Asked on 2/27/13, 7:51 am

1 Answer from Attorneys
Leon Greenberg Leon Greenberg Professional Corporation

The requirements to pay prevailing wages are very clear and what you describe does not, in my opinion, hold water for the employer. You need to be paid the prevailing wages, free and clear, not in an annuity and you cannot give them up by "agreeing" to the salary arrangement you discuss. So in my view whatever you "agreed" to is not legally binding. Do be aware you have a maximum 6 year statute of limitations to collect prevailing wages (from each week you worked but were not paid them). Do call me at 1-800-257-4841 to discuss or visit my website prevailingwagelaw.com. Consulation is confidential and at no cost.

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Answered on 2/27/13, 10:29 am


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