Unpaid Wages Returned to Employees after Labor Law Violation

Ninety-three employees from a Buffalo-based company will receive more than $191,000 in unpaid wages following a labor law investigation.

The New York State Department of Labor (NYSDOL) investigated Magellan Technology/Demand Vape after a complaint was made by a competitor.

“We are doing everything we can to not only protect workers, but also educate employers,” said NYSDOL commissioner, Roberta Reardon.

According to the NYSDOL, the company violated the Miscellaneous Wage Order.

This order requires employers to pay an additional hour per day when an employee exceeds 10 hours or works a split shift.

Underpayments tend to occur when workers work more than 10 hours and there is a break longer than four hours between shifts.

Magellan Technology/Demand Vape was found to be shorting workers on wages from January 2019 to April 2022.

“The involvement of NYSDOL brought this issue to the employer’s attention and secured the recovery of the unpaid wages,” said Reardon. “We will continue to work with employers to ensure all employees are receiving the pay they work hard for and deserve.”

The company said it had been unaware of the labor law. Once made aware, a self audit was undertaken and all eligible employees were paid on Aug. 8.

Ongoing wage theft

NYSDOL focuses on recovering wage theft and actively helps workers to collect the wages that are legally owed to them.

The Division of Labor Standards also investigates and collects unpaid benefits, including vacation pay, paid sick leave and expense reimbursement.

For more information, including how to file a claim, click here.