Unpaid Wages in New York
New York Labor Laws
Have you worked hours without proper compensation? New York labor laws grant employees the right to receive full payment for all time worked. If your employer has failed to pay you regular wages, overtime, or tips you are owed, you may have a strong claim for unpaid wages.
At Pelton Graham, our New York employment lawyers are experienced at handling unpaid wage cases and getting workers their rightfully earned pay. Read below for more information on common New York wage violations, gathering evidence, and how to prepare for your initial consultation.
Common Wage Violations in New York
Some of the most common wage violations in New York include:
- Minimum wage: Being paid below the required New York minimum wage rate (currently $15/hour in New York City for large employers, $14/hour in Long Island and Westchester, and $13.20/hour for the remainder of the state).
- Overtime: Not receiving 1.5 times your regular hourly rate for hours worked over 40 per week.
- Tipped minimum wage: Tipped employees being paid less than the required tipped minimum wage.
- Meal break: Not being provided required meal breaks or not being paid for working during meal breaks.
- Illegal deductions: Deductions from pay for costs like uniforms or cash register shortages that bring pay below minimum wage.
- Time shaving: Only being paid for part of the hours you actually worked.
Recovering Unpaid Wages
Record Your Lost Wages
The first step is to calculate the amount of unpaid wages you are owed so you can demonstrate the wages you are due. Keep track of:
- Dates and hours you worked without proper pay
- The tasks performed and your rate of pay
- Any texts, emails, or documents that show hours worked or wages owed
The statute of limitations in New York for wage claims is six years. But you should act promptly to recover unpaid wages as soon as possible.
If you are a construction worker on a government, public works, or utility project, you may be entitled to a prevailing wage in addition to your other compensation.
New York Unpaid Wages FAQ
Q: How can you sue someone for unpaid wages in New York?
If your employer has failed to pay you wages you are legally owed, you have the right under New York labor law to take legal action to recover those unpaid wages. There are a few options for seeking the wages you are due:
- File a lawsuit: You can file a civil lawsuit against your employer for the unpaid wages. This is usually done through small claims court if the amount is under $5,000 or through the county Supreme Court for larger amounts.
- Join a class action: If other employees are also owed wages by the same employer, you may be able to join together in a class action lawsuit. The employees share resources and the risks and rewards of the lawsuit.
- Retain an attorney: An employment law attorney experienced in New York’s unpaid wages can advise you on the best legal strategy and represent you through the claim process. Having an attorney increases the likelihood of recovering your unpaid wages.
There are strict time limits for taking action to recover unpaid wages; the statute of limitations for making a wage claim is six years in New York. So it is important to promptly consult with an experienced New York employment law attorney to understand your rights and pursue owed compensation without delay. Pelton Graham can evaluate your situation and help you seek justice.
Q: How to report unpaid wages in New York?
If your employer in New York has failed to pay you wages you are legally owed, you have a few options for reporting the unpaid wages:
- Consider consulting with an employment law attorney experienced with unpaid wages in New York. An attorney can review your case details and ensure the unpaid wages are properly reported. They can also represent you in any claim proceedings.
- If relevant, report to a labor union or employee rights group which may be able to apply pressure regarding unpaid wages.
Be prepared to provide details like your employer’s name, contact information, your work dates/hours, wages owed, and any supporting documentation. Do not delay reporting, as strict time limits apply for recovering unpaid wages. My firm can advise you on taking appropriate action.
Q: Can I sue my employer for not reporting my wages?
If your employer fails to report your wages to state and federal agencies properly, you may have a legal basis for action. Some key considerations:
- Tax Fraud: If your employer deliberately misreported or underreported your income to the IRS, this may constitute tax fraud. In that case, you could potentially join the IRS in a lawsuit against the employer to recover lost tax revenue. An employment law attorney can help determine if you have a claim.
- Unemployment Benefits: If you were denied unemployment benefits because your wages were not properly reported, you may be able to sue your employer to recover the lost benefits.
- Minimum Wage: Failure to report actual hours worked can be a minimum wage violation if it resulted in you effectively earning less than minimum wage. You may be able to sue for back pay.
- Damages: You may be able to sue for financial damages if the lack of proper wage reporting caused specific losses like denial of loans or other benefits.
- Labor Laws: Depending on the circumstances, an employer may face lawsuits for violating key labor laws through improper wage reporting.
Consulting a New York Employment Attorney
Our experienced employment attorneys can help you confirm whether your employer violated New York wage and hour laws and then advise you on the next steps. We encourage you to bring the following to your initial consultation:
- Employment records like pay stubs, timesheets, policies, and handbook
- A written timeline of your work history and suspected wage violations
- Copies of any texts, emails, or documents regarding unpaid wages
- Estimates of unpaid regular, overtime, and tip wages
We will examine your situation, provide legal advice, and discuss your options. This may include sending a demand letter to your employer, filing a wage claim with the labor department, or filing a private lawsuit to recover unpaid wages.
We can also answer questions about New York prevailing wage and New York overtime.
Contact Our Office Today
If you believe you are owed unpaid wages, Pelton Graham can help you recover the compensation you deserve under New York law. Call today (212)385-9700 or submit this form to schedule a consultation.