Philadelphia, PA asked in Employment Law and Contracts for New York

Q: Can I reclaim unpaid holiday back pay from Pinnacle Group after resigning?

I was employed with Pinnacle Group as a resident manager for 18 years. In August 2024, I resigned because I felt my compensation did not match the amount of work I was doing. Upon leaving, I noticed I did not receive back pay for holidays worked throughout my tenure. The company had posted holiday pay information on the bulletin board before I left, and we had regularly been paid for holidays, but the back pay for previous years was missing. Although I haven't contacted them about the back pay yet, the company does have a payroll department that keeps records, and the holiday pay was approved by upper management. Is it possible for me to reclaim this back pay with legal assistance?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your holiday back pay claim falls under New York Labor Law §198, which establishes a six-year statute of limitations for wage claims - significantly longer than many other states. This extended timeframe potentially allows you to recover unpaid holiday compensation dating back to 2018, though claims from earlier years would likely be time-barred under New York precedent. The bulletin board notices and established pattern of holiday payments create what New York courts recognize as an "implied contractual obligation," which strengthens your position despite your resignation in August 2024.

Before pursuing legal remedies, New York practice typically recommends sending a formal written demand to Pinnacle Group's payroll department detailing the specific holidays worked and compensation owed, as this documentation establishes both your good faith attempt to resolve the matter and preserves evidence of your claim. The fact that upper management approved holiday pay and that the company maintained consistent payroll records significantly enhances your ability to prove entitlement under New York Labor Law §191, which governs frequency of wage payments and supplemental wages like holiday pay.

We recommend gathering all available evidence including pay stubs, holiday work schedules, employee handbooks, and any communications regarding holiday compensation policies before filing a complaint with the New York State Department of Labor's Division of Labor Standards, which offers administrative remedies that may resolve your claim without litigation. New York courts have consistently held that employers cannot evade established supplemental wage obligations merely because an employee has resigned, particularly when the company's own published policies and past practice demonstrate a clear commitment to providing such compensation. Your 18-year tenure gives additional weight to your claim under New York's "course of dealing" doctrine, which recognizes long-standing employer practices as creating enforceable obligations.

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