212.627.8100Employees reasonably expect that their employer will compensate them fairly and observe all applicable labor and wage laws. Unfortunately, wage theft is not uncommon in New York, with recent data indicating that approximately “1,900 regional employers withheld $17.1 million in pay and benefits from 23,613 workers over the past decade.” In other words, each worker affected by wage theft lost an average of $3,066. While wage theft is particularly prevalent in the restaurant and construction industries, workers in any field may experience wage theft at some point. As an employee, it can be difficult to recognize wage theft, as it can assume any number of forms. Common examples of wage theft include unpaid overtime, illegal paycheck deductions, failure to pay minimum wage, misclassifying employees, and other violations of federal or state employment laws. In recent years, wage theft has become an increasingly common occurrence, prompting the New York State Senate to pass legislation that aims to “enhance workplace protections and combat wage theft.” These measures are intended to crack down on workplace exploitation and enhance fair labor practices statewide.
If you have reason to believe that your employer is not paying you what is owed to you by law, it’s worth discussing your concerns with a highly qualified and experienced New York wage and hour attorney. Together, you can assess the specific details of your case to determine the most appropriate course of action to hold your employer accountable and recover you the compensation you’re owed. This post will explore some of the ways you can identify wage theft in New York and how to seek legal help for unpaid wages or other employment law violations.
Common Tactics Employers Use to Commit Wage Theft
Wage theft is not always easy to identify. As an employee, understanding the ins and outs of unpaid overtime laws in New York can be complicated, making it difficult to know whether your employer is denying you the compensation you’re legally entitled to receive. Below are just a few examples of wage theft that an employer may engage in so that you can start to recognize these unlawful practices and tactics (should they arise).
Unpaid Overtime
Overtime laws in New York require employers to “pay one and a half times your regular rate of pay (instead of your regular rate) for hours worked after 40 in a workweek.” Nearly all hourly workers in New York are entitled to overtime pay, with exceptions for higher level salaried employees, commissioned salespersons, and certain computer professionals. Moreover, an employer that requires “off-the-clock” work must pay you for this work. If you believe you are entitled to overtime pay and your employer has failed to compensate you fairly, reach out to a knowledgeable and experienced New York employment law attorney to discuss the potential legal remedies that may be available.
Illegal Paycheck Deductions
While some paycheck deductions are legal and to be expected (i.e., insurance premiums, social security, etc.), there are times when an employer may take illegal paycheck deductions that deprive you of the total amount of compensation you’re owed. For instance, an employer takes money out of your paycheck to cover breakages, cash shortages, or fines, these deductions are not lawful.
Failure to Pay Minimum Wage
In New York, the minimum wage for most employees was increased to $16.50 an hour (or $15.50 an hour, depending on the employer’s location) at the beginning of 2025. Tipped workers must be paid an hourly base wage (the exact amount varies by the size and location of the employer). New York minimum wage violations can be devastating for workers, so it’s important to enlist the guidance of a trusted and experienced employment law attorney to help you identify the most strategic path forward.
Misclassifying Employees
The misclassification of employees is another tactic that employers may use to avoid compensating their workers fairly. For instance, an employer may misclassify you as an independent contractor to avoid providing them with benefits and other legal protections afforded to employees. If you believe that you have been misclassified and denied the benefits or wages you deserve, reach out to a dedicated employment law attorney to share your concerns.
Not Providing Proper Wage Statements
Employers in New York are obligated to keep written records of any payments made to their employees. If your employer has failed to provide you with paystubs or other documentation that shows that they paid you for your work, you can voice these concerns with an employment law attorney who can help you learn more about how to report wage theft in New York.
How to Identify and Prove Wage Theft in New York
As soon as you suspect that your employer is engaging in wage theft, it’s essential to start gathering evidence and documentation that supports your suspicions. It’s best to keep detailed records of any relevant details, including the hours worked each day and week, pay receipts, communications with your employer, and discrepancies between the hours you worked and the payments you received. You may also want to gather witness statements from coworkers who may have experienced similar violations to reveal a pattern of wage theft on the part of your employer. If you raise a complaint to the employer about being underpaid and experience retaliation for your complaint, that is also illegal conduct under wage and hour laws.It’s important to recognize that you do not have to go through this challenging process on your own. With a trusted and experienced New York wage theft attorney by your side, you can rely on this dedicated legal professional to answer your questions, address your concerns, and support you at every step of the process.
How To Fight Back Against Wage Theft
If you are looking to learn more about wage theft and employee rights in New York, the dedicated legal team at Levy Ratner is here to help. We can work with you to identify the most strategic course of action that allows you to recover the compensation you rightfully deserve. Depending on the specifics of your case, we may decide to file a wage theft claim with the New York Department of Labor (NYDOL) or pursue a lawsuit against your employer for back pay and damages. We will also help you understand the whistleblower protections available to you for reporting wage violations. No matter what your specific concerns and goals may be, you can trust that we have the expertise and proven track record to support you at every turn.
At Levy Ratner, our top priority is bringing workplace disputes to their optimal resolution so that our clients can move forward with their careers. If you have questions about wage theft or another employment-related issue, please contact our New York office today at (212) 627-8100 to get started with a highly qualified and dedicated employment law attorney.