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Wage Claims

Representation

Spivak Lipton fights for fair wages for all workers.

We represent workers who do not receive a fair day’s pay for a fair day’s work including minimum wage and overtime claims under the Fair Labor Standards Act (FLSA) and similar state laws such as the New York Labor Law, Equal Pay Act (EPA) claims, and misclassification claims for independent contractors. 

 

Our employment litigation attorneys have extensive experience litigating wage claims and have recovered over $200 million dollars for our clients as a result of employer’s unlawful pay practices. We have represented workers in industries ranging from food services to financial services, as well as tens of thousands of workers in the public sector. 

Services

We help protect your right to fair compensation.

Wages

We can advise you of your rights and take action to recover your wages and other damages if any of the following occur: 

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  • Paying you less than minimum wage 

  • Failing to pay overtime 

  • Withholding tips or incorrectly calculating your tipped wage

  • Not providing equal pay for equal work because of your gender 

  • Misclassifying you as an independent contractor when you should be treated as an employee receiving full employment benefits and pay

  • Not receiving spread of hours pay under New York Labor Law when you work more than 10 hours in a workday

Overtime Pay

You have a legal right to proper compensation for all work you perform for your employer including overtime pay at a rate of time and one-half (1 1/2x) for all work performed in excess of forty hours in a workweek and to be paid overtime in a timely manner. Our employment litigation attorneys have successfully brought wage claims to recover overtime pay for the following violations:

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  • Non-payment for pre-shift, post-shift and meal period work

  • Late payment of overtime when overtime is paid more than two payroll periods after you worked overtime

  • Not properly calculating overtime pay by failing to include pay items, such as night shift differentials, vehicle differentials, meal allowances, etc. 

  • Overtime payments for employees treated as exempt (such as certain salaried employees) who should have been receiving overtime pay for all hours worked over 40 in a workweek

Case Sign-Ups

We are looking for participants in wage claim cases.

Review our active cases to see if you are eligible to become a participant.

Representative Cases

Spivak Lipton has extensive experience in wage, hour and overtime litigation. 

  • The firm’s wage claim practice, led by Partner Hope Pordy, includes representing thousands of New York City public employees in lawsuits brought under the Fair Labor Standards Act (FLSA) to ensure that they are timely and properly paid overtime pay.  These public service workers aid the City’s most vulnerable populations by assisting individuals and families in need in receiving appropriate social service benefits yet far too often are not paid for this critical work they perform when they work excess hours and work tirelessly to address urgent basic needs. The firm’s representation of these workers has resulted in over 15,000 city workers recovering more than $100 million in unpaid overtime pay and damages.

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    Noteworthy Cases:

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    • Recovered nearly $69M for approximately 3000 Child Protective Specialists who work for Administration of Children’s Services protecting NYC families and children. Foster v. City of New York, 14-cv-4142 (S.D.N.Y); Williams, et al. v. City of New York, Case No. 16-cv-08671-PGG

    • Recovered nearly $29M for approximately 1300 Job Opportunity Specialists employed by the Human Resources Administration who help unemployed New Yorker’s find jobs and access unemployment-related benefits. De La Cruz, et al. v. City of New York, Case No.: 14-CV-9220 (PGG) (S.D.N.Y.); Feiner et al v. City of New York,  16-cv-08675 (PGG)

    • Recovered nearly $29.5M for approximately 4,000 School Safety Agents, a workforce comprised of mostly women of color, who are employed by the New York Police Department to protect New York City’s public schools. Worley, et al v. City of New York, 17-cv-04337-LS Matias et al., v. City of New York et al., 21-cv-07136-SN (S.D.N.Y. October 29, 2021)

    • Recovered over $15M for nearly 2000 employees working for the Department of Homeless Services who provide services to New York City’s homeless population, maintain the safety of homeless shelter and facilitate the transition to independent living: Campbell v. City of New York, 16-Civ.-8719, Dkt. 186 and 187 (S.D.N.Y. Sept. 17, 2021); Murray, et al. v. City of New York, Case No. 16-cv-08072 (PKC) Lawtone-Bowles v. City of New York, 1:16-cv-4240-AJN (S.D.N.Y.); Bookman v. City of New York, 1:18-cv-04338-AJN (S.D.N.Y.); Brown, et. al. v. City of New York, Case No. 1:17-cv-09078; Lynch, et al v. City of New York, Case No. (S.D.N.Y.); Kearse, et al. v. City of New York, Case No. 17-CV-9982 (JMF) (S.D.N.Y.); Martin et al. v. City of New York, Case No.: 14-CV-8940 (TPG)(AJP) (S.D.N.Y.)

    • Recovered nearly $6M for 3000 workers employed by the New York City Housing Authority who provide services to public housing residents.  Robinson v. New York City Housing Authority, Case No. 15-CV-4543 (JPO) (S.D.N.Y.); Johnston, et al. v. NYCHA, 16-cv-09924-JGK (S.D.N.Y.); Lewis, et al. v. NYCHA, 17-cv-00294-PKC-KNF (S.D.N.Y.); Jones v. New York City Housing Authority, Case No. 1:17 Civ.3683 (JGK) (S.D.N.Y.); Brown, et al. v. New York City Housing Authority, Case No. 16-CV-09263 (RA) (S.D.N.Y.)

  • The firm’s wage claim practice includes zealous advocacy of workers who have not been paid minimum wage, have not received overtime pay, have had tips stolen or money improperly deducted from their wages, as well as  workers who have been misclassified by their employers such that these employees were told they were not eligible for overtime pay.  The firm has successfully litigated wage theft cases in both federal and state law representing various job classifications including mortgage loan officers, travel agents, yoga instructors, and a back-of-the-house and front-out-the-house workers in the restaurant industry.

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    Noteworthy Cases:

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    • Recovered $16M representing mortgage loan officers employed by PNC in multiple states who were unlawfully denied overtime pay and in damages. Gokhberg, et al. v. The PNC Financial Services Group, 15-cv-01700 (AJS)

    • Recovered nearly $3M for delivery workers, bussers, kitchen helpers and cooks due to restaurant employers’ failure to pay full minimum wage for tipped workers, failure to pay spread of hours pay, failure to pay overtime as well as recordkeeping violations. Galvez, et al v. 800 Ginza Sushi Inc., et al, Case No. 1:19-cv-08549-JPC-SDA; Marcelino Cuenca, et al. v. Grey Dog Chelsea Inc., et al., Case No. 18-cv-10918 (AJN); Barajas, et al v. S/N/Y Lee, Inc. d/b/a Shi, et al., Case No. 17-cv-04873-SJ-PK; Javier Gonzalez, et al. v. Loving Hut 7th Ave, Inc., et al., Case No. 16-cv-0021 (KBF); Ayala Delgado et al. v. D&D Thai Restaurant Corp. et al., Case No. 11-CV-01117 (PAE); Adrian Evangelista, et al. v. D&D Thai Restaurant Corp., et al. Index No. 150261/15; Neftali Delfino Baten, et al. v. BDJVEGAN1, Inc. (d/b/a Blossom), et al. Case No. 15-cv-0625 (TPG) 

  • The firm's wage claim practice has successfully litigated many Fair Labor Standards Act (FLSA) cases.

    Noteworthy Cases:

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    • Feiner et al v. City of New York,  16-cv-08675 (PGG) (FLSA case on behalf of 908 Plaintiffs employed by the Human Resources Administration, settled for $12,576,353.00)

    • Foster v. City of New York, 14-cv-4142 (S.D.N.Y) (FLSA case on behalf of 1,199 Child Protective Specialist and Child Protective Specialist Supervisor; settled for $42,900,000)

    • Williams, et al. v. City of New York, Case No.:  (FLSA case on behalf of approximately 1,740 Child Protective Specialist and Child Protective Specialist Supervisor; settled for $42,900,000)

    • De La Cruz, et al. v. City of New York, Case No.: 14-CV-9220 (PGG) (S.D.N.Y.) (FLSA case on behalf of approximately 912 Job Opportunity Specialists employed by the Human Resources Administration; settled for $16,050,000)

    • Worley, et al v. City of New York, 17-cv-04337-LS (FLSA case on behalf of 3,867 NYPD School Safety Agents; settled for $27,747,075.00)

    • Matias et al., v. City of New York et al., 21-cv-07136-SN (S.D.N.Y. October 29, 2021) (FLSA case on behalf of 479 NYPD School Safety Agents Level III; settled for $1,681,269.53)

    • Campbell v. City of New York, 16-Civ.-8719, Dkt. 186 and 187 (S.D.N.Y. Sept. 17, 2021) (FLSA case on behalf of 460 Peace Officer employed by DHS; settled for $3,980,332.00)

    • Adams v. City of New York, 1:16-cv-03445-RA-SDA (S.D.N.Y)( FLSA claims on behalf of approximately 501 Fraud Investigators employed by the City of New York; settled for $3,251,119.60)

    • Murray, et al. v. City of New York, Case No. 16-cv-08072 (PKC)(FLSA claims on behalf of approximately 483 Department of Homeless Services (DHS) Community Coordinator, Community Assistant, Community Associate, Caseworker, Fraud Investigator I and II, Associate Fraud Investigator I, and/or Addiction Treatment Counselors; approved settlements in the total amount of $8,867,154)

    • Lawtone-Bowles v. City of New York, 1:16-cv-4240-AJN (S.D.N.Y.)( FLSA claims on behalf of approximately 17 DHS Motor Vehicle Operators; approved settlement of $962,323.00)

    • Bookman v. City of New York, 1:18-cv-04338-AJN (S.D.N.Y.) (FLSA claims on behalf of approximately 13 DHS Motor Vehicle Operators)

    • Brown, et. al. v. City of New York, Case No. 1:17-cv-09078 (FLSA claims on behalf of approximately 320 DHS Peace Officers and Sergeants; approved settlement of $176,859.84)

    • Lynch, et al v. City of New York, Case No. (S.D.N.Y.) (FLSA claims on behalf of 6 DHS Principal Administrative Associates; approved settlement of $511,698.00)

    • Kearse, et al. v. City of New York, Case No. 17-CV-9982 (JMF) (S.D.N.Y.) (FLSA claims on behalf of 16 DHS Principal Administrative Associates; approved settlement of $364,834.56)

    • Martin et al. v. City of New York, Case No.: 14-CV-8940 (TPG)(AJP) (S.D.N.Y.) (FLSA claims on behalf of 588 DHS employees; approved settlement of $982,000 plus 4,018 compensatory hours)

    • Acevedo, et al. v. City of New York, Case No.: 15-cv-10018 (JGK) (FLSA claims on behalf of 88 Investigative Consultants employed by Administration for Children’s Services; approved settlement of $625,000, plus 10,000 hours of compensatory time); Robinson v. New York City Housing Authority, Case No. 15-CV-4543 (JPO) (S.D.N.Y.) (FLSA claims on behalf of 218 NYCHA Community Coordinators, Community Associates & Community Assistants; approved settlement of $309,346.37)

    • Johnston, et al. v. NYCHA, 16-cv-09924-JGK (S.D.N.Y.) (FLSA claims on behalf of 89 NYCHA Exterminators; approved settlement of $172,701.50)

    • Lewis, et al. v. NYCHA, 17-cv-00294-PKC-KNF (S.D.N.Y.) (FLSA claims on behalf of 1615 Caretakers; approved settlement of $2,950,000)

    • Jones v. New York City Housing Authority, Case No. 1:17 Civ.3683 (JGK) (S.D.N.Y.) (FLSA claims on behalf of 285 NYCHA Housing Assistants; approved settlement of $267,000)

    • Brown, et al. v. New York City Housing Authority, Case No. 16-CV-09263 (RA) (S.D.N.Y.) (FLSA claims on behalf of 856 Maintenance and Heating Plant Technicians; approved settlement of $2,250,000)

    • Blair, et al. v. City  of New York, Case No. 08-Civ-10692(RJS) (S.D.N.Y.) (FLSA claims on behalf of approximately 50 employees of the Department of Juvenile Justice; approved settlement of $90,000)

    • Boucaud, et al. v. City of New York and the New York City Department of Juvenile Justice, Case No. 07-CV-11098 (RJS)(MHD) (S.D.N.Y.) (FLSA claims on behalf of approximately 100 employees of the Department of Juvenile Justice; approved settlement of  $702,930.46).

    • Gokhberg, et al. v. The PNC Financial Services Group, 15-cv-01700 (AJS) (FLSA/Rule 23 wage and hour lawsuit for mortgage loan officers; $16,000,000.00 settlement approved by court in 2017)

    • Galvez, et al v. 800 Ginza Sushi Inc., et al, Case No. 1:19-cv-08549-JPC-SDA; Marcelino Cuenca, et al. v. Grey Dog Chelsea Inc., et al., Case No. 18-cv-10918 (AJN)

    • Barajas, et al v. S/N/Y Lee, Inc. d/b/a Shi, et al., Case No. 17-cv-04873-SJ-PK (FLSA & NY Lab.Law)

    • Javier Gonzalez, et al. v. Loving Hut 7th Ave, Inc., et al., Case No. 16-cv-0021 (KBF) (FLSA&  NY Lab. Law)

    • Ayala Delgado et al. v. D&D Thai Restaurant Corp. et al., Case No. 11-CV-01117 (PAE) (FLSA & NY Lab.Law)

    • Neftali Delfino Baten, et al. v. BDJVEGAN1, Inc., et al. Case No. 15-cv-0625 (TPG) (FLSA & NY Lab.Law)

    • Adrian Evangelista, et al. v. D&D Thai Restaurant Corp., et al. Index No. 150261/15 (FLSA & NY Lab.Law)

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Contact Partner Hope Pordy

hpordy@spivaklipton.com

For More Information

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