BUFFALO, N.Y. — The New York State Department of Labor has recovered more than $191,000 in unpaid wages for some employees working for a Buffalo company.
The wages were recovered for 93 employees who worked at the Magellan Technology/Demand Vape company.
Following a tip from a competitor, the labor department discovered the employees had been shorted pay due under New York State's spread of hours law for service workers between January 1, 2019, and April 4, 2022.
According to the NYSDOL, an underpayment occurs when minimum wage workers work more than 10 hours and there is a break longer than four hours between shifts. They say employers are required to pay an additional hour per day at minimum wage when an employee works a split shift or exceeds 10 hours.
“We are doing everything we can to not only protect workers but also educate employers and businesses,” said New York State Department of Labor Commissioner Roberta Reardon. “The involvement of NYSDOL brought this issue to the employer’s attention and secured the recovery of the unpaid wages. We will continue to work with employers to ensure all employees are receiving the pay they work hard for and deserve.”
The NYSDOL says Magellan Technology/Demand Vape was not aware of the provision and once notified, they conducted a self-audit and paid all eligible employees and former employees in August.
The state says this recovery is part of ongoing wage theft recovery efforts. For more information, including how to file a claim, visit https://on.ny.gov/unpaidwages.