212.627.8100Employees enjoy several legal protections that ensure they are compensated fairly by their employers. For instance, an eligible employee who works overtime is entitled to receive overtime pay, while workers who receive tips during their shift should not worry about their employer withholding these tips. However, just because federal, state and local laws prohibit employers from engaging in acts of wage theft does not mean that these practices never happen. According to recent estimates released by the Economic Policy Institute, “more than $1.5 billion in stolen wages were recovered for workers between 2021 and 2023 thanks to federal, state, and local efforts to combat wage theft.” In other words, widespread instances of wage theft occur across multiple industries, with workers in low-wage industries being especially vulnerable to these unjust and unlawful acts. Moreover, some employers can be underhanded in how they deprive workers of the fair compensation they deserve, making it more difficult for an employee to confidently identify an instance of wage theft and spring into action. In some cases, an employer may be dismissive or even downright threatening towards an employee who raises a concern about wage theft, which can discourage the employee from speaking up further.
As overwhelmed and intimidated as you may feel right now, it’s essential to recognize that you have legal rights and options for pushing back against wage theft. Enlisting the guidance of a highly experienced and trusted New York wage theft lawyer is the best way for you to understand your rights and determine the most strategic path forward in order to secure the fair and just compensation you are owed. Let’s take a closer look at how you can identify wage theft in New York, as well as the steps you can take to report wage and hour violations to secure the compensation you deserve.
Common Examples of Wage Theft in New York
Wage theft can assume several different forms. According to the National Employment Law Project (NELP), “Wage theft occurs when an employer doesn’t pay an employee the benefits they’ve earned, be it wages or other benefits such as a lunch break.” Acts of wage theft tend to be subtle, or explained away by an employer that is trying to justify withholding wages or benefits for an invalid (and unlawful) reason. Here are just a few examples of wage theft in New York to help you understand how they can occur.
Minimum Wage Violations
Federal and state minimum wage laws compel employers to compensate workers a certain amount for their labor. If an employer is paying you below minimum wage for your work (i.e., paying you $7 an hour instead of New York’s current $16), get in touch with an experienced New York minimum wage lawyer as soon as possible to learn more about your legal rights and options.
Requiring Unpaid Off-the-Clock Work
Sometimes, an employer will ask employees to do work-related activities outside of official work hours. However, any workincluding overtime, must be compensated accordingly. Reach out to a skilled and caring New York wage theft attorney to determine whether your employer has subjected you to wage theft.
Tip Misappropriation
Your employer is prohibited from keeping the tips you make during your shift. Additionally, an employer cannot fail to pay a worker the minimum wage when their tip earnings are not sufficient. If you suspect that your employer is confiscating your tips or taking illegal deductions from your paycheck, it’s worth consulting a highly qualified tip theft attorney to understand your options.
Employee Misclassification
Employers that intentionally classify an employee as an independent contractor in order to avoid providing them with benefits, wages, or overtime pay may be engaging in wage theft. Learn more about how misclassifying employees can be considered wage theft—and what you can do about it—by enlisting the guidance of a trusted New York employment law attorney today.
How to Spot Wage Theft in New York
Any instances where an employee feels that something is “off” about the way they are compensated is worth looking into. What begins as an intuitive feeling can uncover egregious acts of wage theft on the part of the employer. As an employee, it’s essential to understand your legal rights so that you can ask the right questions and take action against employers engaging in acts of bad faith. You have the right to paystubs that clearly show the deductions taken, hours worked, and other relevant information. Unfortunately, employers who are concerned about an employee finding out about their acts of wage theft can threaten or intimidate employees. Retaliation against employees (or even threatening to do so) violates employee rights in New York, so get in touch with a skilled and caring wage theft lawyer right away to determine the most strategic path forward.
Steps to Take If You Have Been Subjected to Wage Theft in New York
First, it’s critical that you compile all relevant information and documents that show how your employer subjected you to wage theft and violated your rights. Partnering with a knowledgeable New York employment lawyer can help you assess the specifics of your situation and identify the most strategic course of action. Once you have gathered together paystubs and other helpful documents in support of your claim, you can file a wage theft claim with the New York Department of Labor. Depending on the specifics of your case, you and your attorney may decide to file a lawsuit against your employer to recover the compensation you are rightfully entitled to receive. No matter what the specific circumstances of your situation may be, you can rely on the support and guidance of New York’s go-to employment law firm to help you secure a fair and favorable outcome.
If you suspect that you have been the victim of wage theft and you need help understanding your legal rights and options, the highly experienced and caring legal team at Levy Ratner are ready to assist you. Please reach out to our New York office today at (212) 627-8100 to get started with a knowledgeable employment law attorney.