State law mandates meal breaks for employees who work more...

State law mandates meal breaks for employees who work more than six hours a day, but no other breaks. Companies, however, can always give employees more than the law mandates, which is why coffee breaks are common. Credit: iStock

Other examples he cited are "fair compensation" and "commensurate with contribution."

The law defines reasonable as "what a reasonable person would find reasonable under the totality of the circumstances," Sklover said. That doesn't mean you go looking for a reasonable person, he said. Instead, a court would decide.

In your case, a court would consider the following questions, Sklover said. First, does the personnel policy contain any hints about what "reasonable fee" meant? Second, did the parties themselves ever indicate to each other what "reasonable fee" meant? Third, if the employer previously paid such a fee to other employees, how much did it pay? Fourth, what did the business pay employment agencies to find good candidates? And, lastly, what do most agencies charge for the service?

"Notice," Sklover pointed out, "that we started with what, if anything, is written in the policy; then we examined the expressions, if any, of the parties, and then, if necessary, we look to outsider, third parties, to determine what a reasonable fee would be."

To collect your "reasonable fee," Sklover suggests that you consider two possible remedies: filing a claim at your local small-claims court, where you can sue for up to $5,000, and get a court date in a few weeks or months, or submitting a "wage nonpayment" claim to the New York Labor Department, which could take considerably longer, he said.

"I would strongly suggest small-claims court, as it is inexpensive, can be done without an attorney, and can get you a fair hearing on your claim," he said.

One important final note: If you received severance from your former employer, chances are you had to sign a waiver or release form, he said.

"If the reader did that," Sklover said, "he or she probably gave up all rights to bring further claims, including this one."

By the way, the meal break is legally unpaid as long as you don't work during that time.

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