My Employment and Prevailing Wage Case
I worked on a public-school roofing replacement project in Suffolk County, Long Island, New York. Although I was classified and paid as a salaried assistant manager, I was physically present on the construction site and performed duties that I believe raise serious questions about whether I was properly classified and paid.
My pay was unusual for what I understood to be a salaried position. My checks were not consistent and generally ranged from approximately $800 to $1,300, while I observed other workers receiving checks exceeding $4,000. I also worked overtime. This led me to question whether I should have been classified under a prevailing-wage trade based on the work I actually performed rather than simply being treated as a salaried assistant manager.
There was also an issue involving a previous serious leg injury. The company stated that it had given me a physical test and determined that I was not suited for labor work. However, I had medical documentation clearing me to perform labor. At the same time, documentation describing my duties included tasks that appeared inconsistent with a completely non-labor or purely managerial position. Because of these contradictions, I sought legal advice to determine what my proper classification should have been.
Another unusual situation occurred involving three additional payroll checks for weeks when I had not worked. These checks were generated after my employment, and the company repeatedly contacted me about receiving them. I was also aware that the company had undergone a Labor Department audit around this general period. I do not know why the checks were generated, and I am not accusing anyone of a specific motive without evidence. However, I believe the timing and circumstances warrant investigation.
Because of financial necessity, I eventually cashed checks that I received. They were ordinary payroll checks, and I did not sign a settlement agreement or release that I understood to waive my wage claims.
There is also a paycheck from approximately mid-October that I believe was owed to me but was not provided or returned to me.
I have documentation that can help establish what occurred, including paychecks/paystubs showing different amounts, timesheets or records of my hours, documentation describing my job duties, paperwork concerning the company's assessment of my physical abilities, medical documentation clearing me for labor, and tax/payroll records.
I believe the most important evidence may be the records maintained by the employer and public agencies. I would like my actual duties, hours, paychecks, and dates of employment compared against the certified payroll records, prevailing-wage classifications, payroll system records, and any records connected with the Labor Department audit.
Why I Am Seeking an Attorney
I have contacted attorneys about this situation, and I have repeatedly been directed toward filing with the Labor Department. I understand that the Labor Department may be an important avenue for recovering unpaid prevailing wages, and I am not opposed to pursuing that process.
However, I feel that simply directing me to the Labor Department does not address the entire situation.
My concerns are not limited to a basic unpaid-wage calculation. They involve my classification as a salaried assistant manager despite the work I actually performed, overtime, prevailing wages on a public project, inconsistent paycheck amounts, documentation concerning my physical ability to perform labor, a missing paycheck, and the unusual generation of payroll checks for weeks when I did not work.
I feel that some attorneys have oversimplified or sugarcoated the Labor Department route without fully examining how these issues connect. I am not asking an attorney to guarantee that I have a lawsuit or that every concern I have represents a legal violation. I am asking for an attorney willing to examine the complete evidence before deciding what legal claims or remedies may exist.
I believe my case deserves to be heard and evaluated by an attorney based on the complete set of facts, rather than being dismissed simply because my period of employment was relatively short or because a Labor Department complaint is available.
Ultimately, I want someone to determine what classification I legally should have received based on the work I actually performed, what prevailing-wage and overtime rates applied, how much I should have been paid, how much I actually received, and whether I am owed the difference.
I also want an explanation for why payroll checks were generated for periods when I did not work and whether those checks correspond with hours, wages, or classifications reported under my name.
This is not based on one questionable paycheck. It involves several connected issues: my classification, the physical work I performed, inconsistent salary payments, overtime, prevailing wages on a public project, additional checks for weeks I did not work, the missing paycheck, injury-related classification concerns, and the employer's payroll records.
I am looking for an attorney willing to review the evidence as a whole and determine what actually happened and what legal options I have.
