Legal Question in Employment Law in New York

Employer admits to not paying overtime. Sends check coving 2 years of OT. However, employer did not pay for at least 10 years. If check is cashed, does employee still have rights to seek full amount, or by cashing check employee agrees to settlement?


Asked on 1/25/12, 6:04 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

I would strongly urge you to consult with counsel experienced in wage an dhour matters BEFORE singing anything. If your employer's actions are amde pursuant to what is called a "supervised settlement" under the Dept. of Labor, you will be prevented from asserting your full rights. In these types of cases, you can go back only 3 years for lost wages but you are also entitled to attorney fees and liquidated damages.

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Answered on 1/25/12, 7:44 am


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