WAGE AND HOUR DEMAND LETTER
New York Labor Law and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, New York ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New York Bar Registration Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and New York Labor Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the New York Labor Law Sections 190-199-a (Wage Payment), Sections 650-665 (Minimum Wage), and 12 NYCRR Part 142 (Wage Orders).
Please direct all further communications regarding this matter to our office.
I. NEW YORK-SPECIFIC LEGAL FRAMEWORK
A. New York Minimum Wage
New York's minimum wage varies by region and is among the highest in the nation:
| Region | Minimum Wage (2026) |
|---|---|
| New York City | $16.50/hour |
| Long Island & Westchester | $16.50/hour |
| Rest of New York State | $15.50/hour |
N.Y. Lab. Law Section 652.
Tip Credit: New York allows a tip credit, but the cash wage varies by industry (hospitality vs. service employees) and region. 12 NYCRR Section 146-1.3.
B. Overtime Requirements
New York requires overtime at 1.5 times the regular rate for hours worked over 40 in a workweek. 12 NYCRR Section 142-2.2. New York does not generally require daily overtime, except:
- Residential employees (live-in workers) receive overtime after 44 hours per week.
C. Spread of Hours Pay
New York requires one additional hour at the minimum wage for any day when the spread of hours (time between start and end of shift) exceeds 10 hours. 12 NYCRR Section 142-2.4. This is a unique New York provision.
D. Meal and Rest Break Requirements
New York has specific meal break requirements:
- Factory workers: 60-minute lunch break between 11:00 AM and 2:00 PM. N.Y. Lab. Law Section 162(1).
- Non-factory workers: 30-minute lunch break between 11:00 AM and 2:00 PM. N.Y. Lab. Law Section 162(2).
- Shifts starting before 11:00 AM and continuing past 7:00 PM: Additional 20-minute meal break between 5:00 PM and 7:00 PM. N.Y. Lab. Law Section 162(3).
- Shifts starting between 1:00 PM and 6:00 AM: 45-minute meal break midway through shift. N.Y. Lab. Law Section 162(4).
E. Wage Payment Requirements
Under New York Labor Law:
- Manual workers: Must be paid weekly, within 7 days of the end of the pay period. N.Y. Lab. Law Section 191(1)(a).
- Clerical and other workers: May be paid semi-monthly. N.Y. Lab. Law Section 191(1)(b).
- Termination: All wages due must be paid on the next regular payday. N.Y. Lab. Law Section 191(3).
F. Wage Theft Prevention Act Notice Requirements
Employers must provide employees with written notice at time of hire containing: rate of pay, overtime rate, pay frequency, employer information, and allowances. N.Y. Lab. Law Section 195(1). Failure to provide notice results in penalties of $50 per workday, up to $5,000.
G. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| New York Labor Law | 6 years | N.Y. Lab. Law Section 198(3) |
H. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (100%). 29 U.S.C. Section 216(b).
New York Labor Law Liquidated Damages: Under N.Y. Lab. Law Section 198(1-a), employees may recover:
- The unpaid wages; plus
- Liquidated damages equal to 100% of the unpaid wages; plus
- Pre-judgment interest; plus
- Reasonable attorney's fees and costs.
Wage Theft Prevention Act Penalties:
- Failure to provide wage notice: $50/workday, up to $5,000. N.Y. Lab. Law Section 198(1-b).
- Failure to provide wage statements: $250/workday, up to $5,000. N.Y. Lab. Law Section 198(1-d).
I. Attorney's Fees
Both the FLSA and New York Labor Law mandate an award of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); N.Y. Lab. Law Section 198(1-a).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Spread of Hours | Unpaid Time |
|---|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and New York wage and hour laws by:
- [ ] Failing to pay the minimum wage required under New York Labor Law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Failing to pay spread of hours premium for days exceeding 10 hours
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required meal breaks under N.Y. Lab. Law Section 162
- [ ] Making unlawful deductions from wages
- [ ] Failing to provide wage notices required by the Wage Theft Prevention Act
- [ ] Failing to provide accurate wage statements
- [ ] Failing to pay manual workers weekly as required by N.Y. Lab. Law Section 191
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. New York Minimum Wage Violations
[Company Short Name] violated New York minimum wage requirements by [describe violation]. N.Y. Lab. Law Section 652.
C. New York Overtime Violations
New York law requires overtime at 1.5 times the regular rate for all hours over 40 in a workweek. 12 NYCRR Section 142-2.2. [Company Short Name] violated this requirement by [describe violation].
D. Spread of Hours Violations
New York requires one additional hour at the minimum wage for any day when the spread of hours exceeds 10 hours. 12 NYCRR Section 142-2.4. [Company Short Name] failed to pay spread of hours premium on [X days].
E. Wage Theft Prevention Act Violations
[Company Short Name] violated the Wage Theft Prevention Act by:
- [ ] Failing to provide required wage notice at time of hire. N.Y. Lab. Law Section 195(1).
- [ ] Failing to provide accurate wage statements. N.Y. Lab. Law Section 195(3).
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Spread of Hours | [X days] x $[min wage] | $[Amount] |
| Missed Meal Breaks | [X breaks] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. New York Liquidated Damages
100% of unpaid wages under N.Y. Lab. Law Section 198(1-a): $[Amount]
C. Wage Theft Prevention Act Penalties
| Violation | Calculation | Amount |
|---|---|---|
| Wage Notice Violation | [X days] x $50 (max $5,000) | $[Amount] |
| Wage Statement Violation | [X days] x $250 (max $5,000) | $[Amount] |
| Total WTPA Penalties | $[Amount] |
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| NY Liquidated Damages (100%) | $[Amount] |
| WTPA Penalties | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand represents a significant discount from our client's full exposure at trial, where liquidated damages of 100% are available under New York Labor Law.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the Supreme Court of the State of New York, [County] County, or United States District Court for the [Southern/Eastern/Northern/Western] District of New York.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and New York CPLR Section 4547.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[New York Bar Registration No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)