Legal Question in Employment Law in New York

Re: prevailing wages

This is a tricky question, because I don't have enough information to go on. You say that your husband, "was supposed to be paid prevailing wage; he was not." Is that promise to pay your husband prevailing wage contained in a contract to which your husband is a party? (in other words is it a contract between your husband and the person obligated to pay him)? If so, is the contract in writing? Does the contract define "prevailing wage?" Was your husband an "employee" of the roofing company or hired as an independent contractor? For your information, oral (unwritten) employment contracts ARE enforceable in New York, the contract does NOT have to be in writing.

If there is one or more contracts, you should try to get copies of them if you do not already have them. You should bring those contracts to an employment lawyer or to the New York State Department of Labor. Be aware that there is a six (6) year statute of limitations in New York in which to sue for breach of contract. Your question involves a 16 year period, so some of those potential wages may be being lost every day that passes. I am trying to tell you not to wait any longer to do what I suggest. Good luck.