212.627.8100As an employee, you have the right to expect that you will be compensated appropriately for the work you do. Although most employers act in good faith and pay their employees fairly, some employers may cut corners or engage in other forms of wage theft that cheat or otherwise deprive workers of receiving the compensation they deserve. Unfortunately for workers, identifying wage theft violations can be challenging—especially since employers often attempt to hide these underhanded tactics. If you have reason to believe that your employer has engaged in forms of wage theft, you have the right to explore your legal options for redressing this unfair practice. Enlisting the guidance of a highly qualified and knowledgeable New York employment law attorney can give you the clarity you crave during this challenging time and empower you to take action against an employer who is acting in bad faith. This post will explore how employees can identify different types of wage theft and the steps they can take to report violations of wage theft laws and recover the compensation or other legal remedies owed to them.
What is the New York Wage Theft Prevention Act?
First, it’s important to recognize that states like New York have taken steps to protect workers from wage theft. The Wage Theft Prevention Act (WTPA) identifies rules and policies that New York employers must observe in order to ensure that they are compensating their workers fairly. For example, the WTPA requires employers to provide every employee with a detailed wage statement or pay stub on every payday. Moreover, the employer must provide any employee with a written explanation of how the company computed the wages if an employee makes this request. Additionally, the WTPA compels employers to keep payroll records for at least six years that include several critical details (i.e., number of hours worked, rate of pay, gross and net wages, itemized deductions, and other information). The WTPA also establishes more significant penalties for employers that engage in wage theft. For instance, if the Department of Labor sends an Order to Comply to the employer, the order can include 100 percent liquidated damages and other civil penalties. Ultimately, the WTPA aims to deter employers from engaging in wage theft violations or otherwise depriving workers of the compensation they deserve.
Recognizing Wage Theft Examples in New York
Wage theft can occur in several ways, some of which can be difficult to identify. Essentially, any intentional action your employer takes to deprive you of the fair compensation you deserve under the law can constitute a form of wage theft. Some of the most common examples of wage theft are listed below.
Unpaid Overtime
When a supervisor asks or requires you to work overtime, you must be compensated fairly and appropriately. Even if you work overtime without being asked to do so, but your employer is aware of it and permits it to continue, you may be entitled to overtime pay. Unfortunately, unpaid overtime occurs frequently across many different industries. Blue-collar workers are especially vulnerable to unpaid overtime, as employers may attempt to take advantage of the fact that hourly workers may not be aware of their legal rights under federal and state laws. If your employer has allowed or compelled you to work overtime and you have not been compensated accordingly, reach out to an experienced and caring New York employment law attorney to understand your legal rights and explore any remedies that may be available to you.
Minimum Wage Violations
Both state and federal laws address minimum wage obligations to ensure that all employees receive fair compensation for the work they perform. If your employer pays you at a rate that falls below the minimum wage, this is a form of wage theft. Contact a skilled employment law attorney for customized legal guidance that can help you report the wage theft violation and recover the compensation and other remedies that may be available to you. Keep in mind that special rules apply for tipped workers, and members of the staff who don’t directly serve customers should not be taking a share of the tip pool. Don’t let your employer get away with paying employees less than the minimum wage—reporting wage theft not only helps you recover the compensation you deserve but also prevents employers from perpetuating this unlawful and unfair labor practice in the future.
Illegal Deductions
Employment laws require employers to comply with detailed protocols pertaining to deductions. In New York, an employer cannot take illegal deductions from your pay, such as taking funds out of your paycheck for any fines, overcharges for paid family leave, business losses, or other unlawful deductions. If you believe that your employer took illegal deductions from your pay, reach out to a dedicated and trusted employment law attorney to discuss the specifics of your situation so you can identify the most strategic path forward.
Reporting Wage Theft in New York
If you have experienced wage theft in New York, you are not alone. According to some estimates, “an estimated 2.1 million New Yorkers are still victims of wage theft annually, cheated out of a cumulative $3.2 billion in wages and benefits they are owed.” Clearly, wage theft violations are not uncommon. However, the more employees report such violations, the more scrutiny these employers acting in bad faith will be under—ultimately reducing the frequency of such wage theft violations. If you have been the victim of wage theft on behalf of your employer, you have the right to report the violation and pursue legal recourse to recover the compensation you are owed under state and federal law. Although you may file a claim with the New York State Department of Labor without seeking legal representation, working alongside a knowledgeable and qualified employment law attorney can give you the clarity and confidence you need to navigate this process. Now is the time to take action—get started with a dedicated and highly trusted employment lawyer today.
If you believe that you have been the victim of wage theft or other adverse actions on behalf of your employer, consider enlisting the guidance of a trusted employment law attorney who can help you understand your rights and explore your legal options. Call Levy Ratner today at (212) 627-8100 to discuss your case with a knowledgeable and caring New York attorney.