Immigration status does not matter
Attorney Robert Wiśniewski has represented victims speaking many languages, but primarily focuses on the legal protection of Poles. He observed long ago that fears stemming from unregulated immigration status prevent many compatriots from asserting their labor rights. Representatives of other nationalities do not have such fears. And rightly so, because there is no reason for such fears. American law clearly states that in cases of unpaid wages, an employee cannot be asked about their immigration status, nor can they be blackmailed with a report to the immigration office. This law explicitly states that for any attempts of such conduct, the employer and their attorney can be severely punished by the court, and even face criminal liability. It is not worth it for them at all.
Additionally, Attorney Wiśniewski is a trial lawyer, appearing for approximately 20 years in all courts of New York and New Jersey. He mainly handles the aforementioned lawsuits against employers, but also conducts trials in larger business, inheritance, and international law cases. He is probably the only Polish-American attorney in New York and the surrounding area whose courts approve him to conduct class actions on behalf of an entire group of employees.
Sexual harassment
According to recent statistics, the number of lawsuits concerning sexual harassment has significantly increased over the past ten years. Unfortunately, very often the victims of such behavior are immigrant women who do not know the applicable law, or have an unregulated immigration status, or are in a difficult financial situation. Employers try to exploit the difficult position of such women. A few percent of such lawsuits are filed by men who are exploited by fiery women.
Unpaid wages
Attorney Wiśniewski knows that the exploitation of employees by employers is a serious social problem in the United States, and it looks almost like a scene from 19th-century London from Charles Dickens’ novels or events from Łódź as in The Promised Land – works by Reymont and Wajda. He bases this not only on his own observations but also on a recent report by scientists who showed that about 70 percent of employees are cheated by employers. For manual laborers and immigrants, this rate is even higher, and both the federal labor office and its state counterparts act slowly and ineptly. Therefore, employees pursue claims in court, utilizing his knowledge, experience, and skills.
A separate issue concerns our compatriots working as home attendants in various agencies in New York. Many of them work 24 hours a day caring for infirm elderly people, but for each night they receive only 15 dollars, as they are supposed to “rest” then. This is a fiction, as many of them do not even sleep all night, watching over their patients. Many of them are also forced to pay bribes to get a job, and then protection money to keep it. This is unjust and illegal; they are entitled to compensation from the employer.
To date, Attorney Wiśniewski has handled several hundred cases. According to his statistics, as many as ninety-eight percent of such lawsuits end in a settlement. Attorney Wiśniewski’s clients very often do not even testify. This happens because, in the face of irrefutable evidence gathered by his law firm during the process, employers decide to settle and pay a significant portion of the overdue wages. In this way, Attorney Wiśniewski has already won several good millions of dollars for his clients.
Unpaid overtime
According to federal and state laws, employees (especially manual laborers) working more than 40 hours a week should receive 150% of their basic wage rate for each additional hour. Furthermore, an employee is entitled to payment for every hour of work, including travel to the work site from the company’s workshop (headquarters) and any return to the workshop after leaving the work site, or for waiting for an assignment (so-called “being on call”).
For example, an employee earning 10 dollars an hour, whose employer only failed to pay for 1 hour of overtime per day, in a six-day work week, could be entitled to over 10,000 dollars annually, including penalties and interest. Assuming they worked for three years, this sum could reach 30,000 dollars. However, in a situation where a construction worker on municipal or state projects is entitled to “prevailing wages,” claims can amount to tens of thousands of dollars annually.
“Prevailing wages” are hourly rates due to employees for work on so-called public utility facilities (schools, public libraries, subway stops, etc.), or on works financed by government agencies (renovations of residential buildings, so-called “projects”). These rates are significantly higher than rates on private construction sites. Employers very often understate these rates, for example, paying an assistant’s rate instead of a construction carpenter’s rate, or not paying them at all. Sometimes they also pay the correct rates by check but instruct the employee to return, for example, half of the sum in cash, under threat of losing their job. Employees who are exploited in this way can recover very high sums, even if they were employed for a short period. In New Jersey, you can pursue your rights up to three years back, but in New York, up to six years back.
An agreement with an employer for a lower rate, or for work without overtime pay, is an invalid agreement. An employee’s right to proper rates stems from state and federal statutes, not from an agreement between the employee and employer; if the employee agreed otherwise with the employer, they can still claim proper payments. Unfortunately, employers often simply present employees with faits accomplis, meaning they do not pay for all hours worked, pay incorrect “prevailing wages” rates, or do not pay overtime rates for more than 40 hours of work per week. It even happens that they do not pay the legally required minimum wages! Many times, employees accept this state of affairs and do not assert their rights, mistakenly believing that since they accepted payment, they agreed to such a situation. But this is not the case!
Minimum wage vs. tips
An exception is, for example, the work of a waiter, where lower minimum wages can be paid than to others; this is the so-called “tip-credit” minimum wage, which can be paid to people receiving tips, i.e., waiters and other restaurant workers, but also hotel employees. However, to be able to pay this lower rate, the employer must fulfill several conditions specified in the act to the letter. In restaurants, the law is often broken in another way: owners often take tips from waiters and other employees for whom they are intended.
Costs of filing a case
The fundamental issue is that every employee can afford to file a lawsuit. First and foremost, Attorney Wiśniewski’s law firm only charges a fee upon winning the case. Furthermore, and very importantly, federal and state laws require an employer who has violated the law to reimburse attorney’s fees and litigation costs, so in the vast majority of cases, clients pay nothing because their employer must cover the fees and costs.
It is truly worthwhile to assert your rights, as in addition to unpaid wages, you can also obtain additional compensation from the employer of up to 100% of unpaid wages along with accrued interest. We remind you that cases concerning unpaid wages expire after 6 years in New York State and after 3 years in New Jersey State. Claims for sexual harassment expire much faster, so action should be taken immediately.
The case can also be handled if the aggrieved person is currently in Poland. There are many ways to do this. Even if someone has “overstayed” their visa and currently does not have permission to enter the USA, they can be questioned remotely, in accordance with international treaties. Given the crisis and high unemployment, pursuing claims for unpaid wages can become an important element of a strategy for surviving difficult times.
PROBLEMS WITH YOUR EMPLOYER? Sexual harassment at work? Unpaid wages? Accident? Call us and schedule a free consultation!
When calling, refer to the article from Dziennik Polonijny
NOTE: The above article does not constitute legal advice. Readers should consult an attorney regarding their specific concerns.
