THE NEW YORK STATE DEPARTMENT OF LABOR ANNOUNCES LABOR STANDARDS DIVISION IS ON TRACK TO RECOVER $20 MILLION IN WAGES FOR EXPLOITED WORKERS IN 2023

The New York State Department of Labor today announced that its Division of Worker Protection investigators have recovered and returned over $11.7 million in stolen wages to 12,000 affected workers since January 1, putting the Department on track to recover $20 million in stolen wages this year. Over $200,000 in recovered funds span six larger cases in which the Division of Labor Standards was able to investigate and reach settlements. These cases are just a few of the many cases Worker Protection’s Division of Labor Standards has resolved over the last year.

“Wage theft undermines the dignity and rights of hardworking New Yorkers,” said New York State Department of Labor Commissioner Roberta Reardon. “The Division of Labor Standards’ investigators work with law enforcement partners to ensure that no employer is above the law, and that all workers’ rights are protected. If any New Yorker believes they are a victim of wage theft, contact the Department immediately.”

The six notable cases included:

• A grocery store worker in Elmont who received $37,095
• A dry-cleaning employee in Manhattan who received $20,000
• A jewelry store worker in Jackson Heights who received $65,000
• A tow truck operator in Elma who received $25,900
• An installer working for a restoration company in Yonkers who received $11,400
• A technician working for a transit company in Plattsburg who received $48,000

As part of NYSDOL’s Worker Protection Division, the Division of Labor Standards utilizes a variety of strategies to accomplish its mission and carry out program priorities to uphold labor standards in a variety of industries statewide. This allows for the needed flexibility to perform core mission work while implementing new rules and laws. Each division unit carries out several specialized functions:

• Field District Offices routinely conduct on-site investigations to review records, interview witnesses, verify compliance, and expand investigations beyond the original complaint if necessary. They work closely with employers to ensure compliance and collect restitution for workers.
• The Mediation Unit provides opportunities for employees and employers to reach fair and speedy resolution to conflicts regarding allegations of labor rights violations. Mediation takes place before or during an investigation and before formal notices are issued. This provides both sides with an opportunity to be heard, to be educated about the state’s labor laws, and to resolve underlying issues in an expeditious manner.
• The Central Investigations Unit investigates basic wage or wage supplement claims received using an expedited approach. A demand letter is sent to employers within 48 hours of case creation, allowing the Division to be able to accept a high volume of smaller claims from individual workers owed wages.

At the request of NYSDOL, the New York State Department of Civil Service will be conducting a study of the Investigative Officer series for Labor Standards titles in Fall 2023. This study will evaluate the various duties of Labor Standards Investigators and compare the duties to the Civil Service description and pay structure in order to determine if pay is suitable. NYSDOL is committed to ensuring its employees have a high-quality work environment and equitable pay. While NYSDOL has already prioritized the hiring of Worker Protection staff, this study will help NYSDOL review its needs, enabling it to support its growing Worker Protection team and to continue to keep New York workers safe.

New York State Department of Civil Service Commissioner Timothy Hogues said, “The Department of Civil Service looks forward to working with the New York State Department of Labor to examine these positions to ensure that these dedicated public servants are receiving the appropriate pay for the quality work they do to protect our workforce. We remain committed to transforming the State’s approach to meeting our workforce needs to help recruit and retain a diverse and talented workforce that will serve all New Yorkers.”

In July 2022, Governor Hochul announced renewed efforts by New York State to crack down on wage theft, including nearly $3 million in recoveries through the Wage Theft Task Force, a coordinated partnership between NYSDOL, the New York State Attorney General, the New York State Insurance Fund, the New York City Department of Investigations, and Offices of District Attorneys across the state. The Governor also announced launch of a new hotline, 833-910-4378, which New Yorkers can call to report wage theft. Victims can also email [email protected] for assistance.

Over the past decade, NYSDOL had recovered and dispersed more than $360 million in stolen wages, identified over a million misclassified workers, and assessed over $400 million owed in unemployment insurance contributions through both criminal cases and civil enforcement.

For more information on wages, including minimum and unpaid wages, visit NYSDOL’s Division of Labor Standards’ webpage.