PAID Program: False Promise or Smart Strategy for Employers?

The US Department of Labor's Wage and Hour Division (WHD) recently relaunched a self-audit program for US private employers called the Payroll Audit Independent Determination (PAID) program. It bills itself as a "program to help employers resolve potential minimum wage and overtime violations under the Fair Labor Standards Act (FLSA), as well as certain potential violations under the Family and Medical Leave Act (FMLA)." Sounds like a great idea to resolve pay issues quickly without penalty, right?

However, while the program purports to "allow[] employers to correct mistakes efficiently and ensure employees receive back wages or other remedies promptly, all while avoiding litigation," THIS IS FALSE ADVERTISEMENT and the program should be avoided by employers, except in very limited circumstances. 

Employers should be warned that PAID cannot waive employee's federal FLSA / FMLA / Discrimination related claims and does not even address state claims, such as NYS Paid Family Leave or state wage and hour suits under the New York State Labor Law. Here is the rub, while PAID is designed to "quickly provide 100% of the back wages due" to employees, under applicable federal law employees who bring suit can recover liquidated damages, or 200% of the back wages, plus attorneys' fees and costs. In fact, under the NYS labor law, if unpaid wages are found to have been willful, recovery jumps to a possibility of 400% of the back wages. So, ask yourself, would you be happy, as an employee, in only getting 100% when you can recover 400%. For employers, it seems like a much better strategy in mitigating exposure to negotiate tailored settlements with each individual employee who is owed wages where the employer should obtain a release prior to ever considering revealing evidence to the government and alerting those employees as to their rights, no? 

Don't forget that an employee can seek a penalty under paid family leave and potentially, if there is also discrimination involved, which is frequently the case when paid family leave is wrongfully denied, an employee can also recover emotional support damages. 

So, if an employer utilizes the PAID program, an employee should immediately consult with an employment attorney and pursue getting paid the damages that they are due. 

If you’re facing wage, leave, or discrimination issues, consult with the experienced employment attorneys at Lieb at Law, P.C. to protect your rights and develop a winning strategy.

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New Proposed Discrimination Complaint Filing and Investigation Procedure - The Text

On June 18, 2025, we wrote about "New Discrimination Complaint Filing and Investigation Procedure in NYS Proposed by Division of Human Rights."

At that time, we didn't have the proposed regulatory text - now we have it. It's 9 pages long so we won't give you it all, but here is the most interesting outtakes (underlines are additions and brackets are deletions):

• 465.2 Service of papers. Determinations, notice of hearing, complaints, respondents' answers, and division decisions, findings of fact and orders shall be served by personal service [or registered or certified mail, or ordinary], first class mail, email or other appropriate electronic means. [However, where a nonresident person or foreign corporation is charged with violating any provision of the law by virtue of the provisions of section 298-a thereof, the complaint and notice of hearing shall be served only by personal service or by registered mail, return receipt requested, directed to such person or corporation at the last known place of residence or business.] - this is interesting because lawsuits don't permit service by email, but now administrative proceedings permit it without advance order of the administrative law judge. 

• 465.3 Complaint. 
• (a) Who may file:
• (2) an organization claiming to have suffered an injury because of alleged unlawful discriminatory practice(s) or whose members, clients or those they represent have suffered an injury because of such practice(s); - this is interesting because it gives standing to organizations whose members or clients have suffered an injury (think non-profit community organizations). 
• [(4) Any complaint filed in accordance with paragraph (1), (2), or (3) of this subdivision may be filed on behalf of a class of persons similarly situated.] - this is interesting because it eliminates class actions.
• (b) Form. 
• [(e)] (d) Time of Filing. The complaint must be filed within [one year from the date of the occurrence of the alleged unlawful discriminatory practice] three years from the date of the occurrence of the alleged unlawful discriminatory practice (or within one year for alleged sexual harassment in employment occurring prior to August 12, 2020, or for any other alleged discrimination occurring prior to February 15, 2024). If the alleged unlawful discriminatory practice is of a continuing nature, the date of its occurrence shall be deemed to be any date subsequent to its inception, up to and including the date of its cessation. - this is interesting because it acknowledges the different times that the statute of limitations was expanded, first for sexual harassment and then, for every other protected class, but expressly does not provide retroactivity. 
• [(f)](e) Manner of filing. [The complaint may be filed by personal delivery, ordinary mail, registered mail or certified mail, addressed to any of the division's offices.]
• (1) Reporting discrimination. Prior to filing a complaint, a complainant must provide information and documentation to support the allegations of discrimination to the division. The information must be submitted on a form promulgated by the division.
• (i) Online. The division form may be submitted online through the division’s portal which can be accessed on the division website. The user will be prompted to fill out the web-based form.
• (ii) By Telephone. A division form may be submitted by telephone through the division’s call center. A representative will assist the caller by taking in necessary information and reducing the information to writing utilizing the division’s web-based form.
• (iii) In the discretion of the division, reports of discrimination received via other means may be accepted as submitted.
• (iv) The submission of a division form or other report of discrimination does not constitute the filing of a complaint of discrimination. 
• (2 ) The division will review the submitted form. The division may make corrections for formatting, jurisdictional or other requirements or request additional information or documentation.
• (3 ) After review and any corrections, the information contained in the approved form will become the complaint. The division will return the complaint to the complainant for verification and filing with the division. 
• (4 ) A complaint will be deemed filed once it has been verified, submitted and received by the division. - this is going to be an unmitigated disaster because the complaint is jurisdictional and must be filed within the time periods set forth above (generally 3 years), but now this requires the Division to act before the complaint can be filed and there are going to be many cases dismissed based on this gap on waiting for the Division to act; anyone who works with DHR knows that they are overwhelmed and this will take time, lots of time. 

As a reminder, comments are permissible on or before August 17, 2025 to Erin Sobkowski, Division of Human Rights, 350 Main St., 10th Fl., Suite 1000B, Buffalo, New York 14202, (716) 847-7679, email: Erin.Sobkowski@dhr.ny.gov