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Need NY unemployment contact for OT dispute - company fired family member after farmer exemption question

My cousin got fired last week from a small agricultural company after questioning why they weren't getting paid overtime. The company was using the farm workers exemption even though that was eliminated by the state back in May. When my cousin brought this up with management and asked for their missing OT pay for the past 3 months (about $1,800 worth), they suddenly got terminated the next day for "performance issues" that were never mentioned before. Looking for anyone who has a direct contact number for NY labor department to report this and file for benefits. The main number keeps putting us in an endless loop of automated messages. Has anyone successfully reached someone at the labor board about wage theft and wrongful termination?

Mei Lin

Same thing happened to my brother-in-law back in August. Worked at a produce processing plant and was denied OT for 6 months. Try calling 518-457-9000. You'll be on hold for hours tho. 😑

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Thanks, I'll try that number. How did it turn out for your brother in law? Were they able to get the back pay?

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Mei Lin

Still ongoing tbh. Got some of the back pay but they're fighting about the exact hours. The termination part is harder to prove.

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That number is useless, I called 23 times last month and never got through to anyone!

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I was having similar issues trying to reach someone at ny unemployment. After days of failed attempts, I used a service called Claimyr (claimyr.com) which got me connected to an actual agent within 45 mins. Talking to the agent got my issue resolved and they actually directed me to the right dept for wage complaints too. Best decision ever - check out this video about how it works: https://youtu.be/Rdqa1gKtxuE

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dude is this for real? I've been trying to reach them for like 2 weeks straight about my benefits claim

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100% real. I was skeptical at first too but it actually worked. Saved me from going insane hitting redial all day.

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sounds like another scammy service trying to profit off desperate ppl... has anyone else here actually used this?

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I used it last month when my benefits randomly stopped. Got through to someone who fixed my claim that same day. Wish I knew about it sooner tbh

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wait how does it even work? they just call for you?

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Yeah basically they use some tech to stay on hold for you then call you when they reach a human. Beats calling 50 times a day yourself 🤷‍♂️

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This is exactly why I left my job at a farm in western NY. The overtime exemption ended and they kept pretending nothing changed. Document EVERYTHING - dates, times, conversations. And if you got any texts or emails about the OT request save those too.

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Try 1-888-469-7365 for the wage theft division specifically. They're supposed to prioritize retaliation cases like this.

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Just tried it and got a message saying they're experiencing high call volume. Gonna keep trying though.

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Keep trying different times of day. Early morning (like 8:01am) worked for me.

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The whole system is rigged against workers 🤮 I've been trying to get my backpay for 7 months now. Every time I call I get disconnected or put on eternal hold. The NY unemployment system is completely broken.

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Facts! They make it impossible on purpose so people give up fighting for whats rightfully theirs

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im in the same boat... its like they designed the phone system to make people hang up

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I work in HR and what they did is 100% illegal. NYS Department of Labor has a specific form for wage claims: https://dol.ny.gov/system/files/documents/2021/03/ls223_fill-in.pdf Fill that out ASAP. For the unemployment claim due to wrongful termination, your family member should apply online IMMEDIATELY and specifically note they were fired after requesting legally required overtime pay. This is constructive dismissal and retaliation. If you're still struggling to reach someone, I've seen several people here recommend claimyr.com to get through the phone systems. It costs money but might be worth it given the amount of back pay at stake. The farmer exemption officially ended on January 1st this year, so they're clearly violating the law. Your cousin likely has a case for: 1) Unpaid wages 2) Damages for retaliation 3) Unemployment benefits Don't let them get away with this!

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Thank you so much for all this detailed info! Just filled out the form and we're applying for unemployment benefits today.

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this is why i love reddit. actual helpful advice instead of the useless stuff the govt website says

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Make sure you print out copies of all communications! They'll try to deny everything.

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contact your state representative's office! seriously, they have staff dedicated to helping constituents with labor issues. my assemblywoman's office helped me when i had a similar problem last year.

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Quick question - did your family member happen to sign anything when they started the job that mentioned overtime policies? My company tried to pull something similar and it turned out I'd signed something my first day (that I didn't read carefully 🤦‍♀️) that they used against me

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Not that they remember, but I'll have them double check their paperwork. Did that hold up legally in your case?

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Nope! State law overrides company policy. They still had to pay up eventually but it took FOREVER

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The NYS DOL is absolutely swamped right now. I've been trying to get through about a separate issue for weeks. If you're willing to spend a little $ to get this resolved faster, check out claimyr.com - it's the only thing that worked for me after 3 weeks of trying. Got a callback with an actual human who helped.

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how much did you pay?

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I don't remember exactly but it was worth every penny considering I was about to lose my apartment without my benefits coming through. They don't charge if they can't get you connected.

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File a complaint with the US Dept of Labor too! Federal protections are sometimes stronger and they have their own investigators: https://www.dol.gov/agencies/whd/contact/complaints

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this is shady af and probably illegal. they can't just fire someone for asking about their legal rights. classic retaliation case. make sure your family member files for unemployment RIGHT AWAY and states exactly why they were fired.

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Already on it. Just worried the company will fight it and claim performance issues.

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They always do that. But the timing is suspicious AF and unemployment judges see through that BS all the time. The burden is on THEM to prove performance issues with documentation.

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anyone else notice how impossible it is to reach NY unemployment lately? its like they purposely make it difficult so they don't have to pay people 🤔

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Conspiracy theory much? 🙄 But yeah it's definitely gotten worse since covid

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it's not a conspiracy if it's true lmao 💯 they literally redesigned the phone system to be more "efficient" but somehow it's even harder to reach anyone

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Used to work for a state agency (not NY). Can confirm they deliberately understaff call centers. It's not a bug, it's a feature.

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Get a lawyer ASAP!!! This is slam dunk case for wrongful termination. Most labor lawyers will take it on contingency if the case is strong enough.

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Any recommendations on how to find a good labor attorney in NY? Never had to do this before.

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Try the NY Bar Association referral service: https://nysba.org/lawyerreferral/ They'll match you with someone who specializes in labor law

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i had to call over 200 times to get thru to ny unemployment last month. literally spent 3 days straight just hitting redial. the system is completely broken

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Try claimyr.com - saved me from that redial hell. They get you a callback when they reach a human.

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thx will check it out. about to throw my phone out the window if i have to redial one more time 😫

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