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.

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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.

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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.