Wage and Hour Theft

If you’re working long hours without overtime pay, being forced to clock out early, or not receiving the minimum wage you’re legally entitled to, you may be a victim of wage theft.

New York City Wage and Hour Attorney

If one is working extended working hours without the benefit of overtime pay, is being forced to clock out early, or is not being paid at least the minimum wage one is entitled to under law, one might be a victim of wage theft. At Leeds Brown Law, we represent employees all over New York City, Long Island, and the surrounding areas who are not being paid the wages they have earned. Wage and hour violations are more common than many people think—and we are committed to making employers pay.

What Is Wage Theft in New York?

Refusal of an employer to pay workers as required by law is referred to as wage theft. This is against both state and federal labor laws. Wage theft may be prevalent in any sector, such as retail, food service, construction, or healthcare, but is more prevalent among low-income or immigrant workers who fear to report it.

Instances of wage theft include:

  • Not paying workers for overtime work over 40 hours a week
  • Forcing employees to do work “off the clock”
  • Paying workers below state minimum wage
  • Defrauding or concealing gratuities
  • Misclassifying employees as independent contractors
  • Making illegal deductions from pay

Wage theft is theft—plain and simple. And under the law, you can fight back.

Common Violations of Wage and Hour Laws

Some of the most common violations of New York wage and hour laws include:

  • Unpaid Overtime: Non-exempt employees are owed one and a half times their hourly rate for all hours worked over 40 in a workweek.
  • Off-the-Clock Work: Employers cannot require employees to conduct preparation, cleanup, or to stay on the premises after scheduled hours without due compensation.
  • Illegal Tip Practices: Employers cannot retain a percentage of employees’ tips, conduct improper tip pooling, or pay less than minimum wage unless meeting legal tip credit standards.
  • Missed Breaks or Meal Periods: New York labor law requires breaks to be given in certain industries and positions.
  • Underreporting Hours: Tampering with hours by rounding down or falsifying timesheets is considered wage theft.

Tipped Workers and Minimum Wage Regulation

Workers who get tips, like restaurant, hotel, and tavern workers, are particularly at risk of wage theft. In New York:

  • Tipped workers must be paid in full minimum wage, plus any tips earned.
  • An employer is allowed to claim a tip credit only under certain circumstances.
  • Tip pooling must be legal and not include managers or non-tipped workers.
  • You can’t be required to do excessive non-tipped work while earning a tipped wage.

If you are worried about not getting your full legal entitlement, it is recommended that you consult an attorney.

Overtime Rights and Misclassification

Some employees are wrongly labeled “exempt” to avoid paying overtime. Even salaried employees may qualify for overtime depending on:

  • Job duties (not just title)
  • Compensation benchmarks
  • Whether one is managing other people or working independently

Misclassification is one of the most widespread methods used by companies to reduce payroll costs. You might be owed thousands of dollars in overtime wages and damages.

NYC and State Protections for Workers

Employees within New York have protection by:

  • The Fair Labor Standards Act (FLSA)
  • The New York Labor Law (NYLL)
  • Hospitality Wage Directive
  • Wage Theft Prevention Act

These laws require equal pay, notification of wages, and specific wage statements. Violations of these provisions can result in fines, interest, and attorney fees for the employer.

Legal Remedies and Compensation

If your rights are violated, you might be entitled to:

  • Payment of wages and overtime pay due
  • Liquidated damages (up to double the amount owed)
  • Penalties for improper wage statements or wage notices
  • Reinstatement if you were terminated for asserting your rights
  • Legal fees covered by the employer

One can submit singly or as part of a mass or class action. Leeds Brown Law is able to help individuals establish what is best to pursue.

Please Notify Our Wage and Hour Law Department

Wage theft is wrong—and it’s widespread. If you suspect you’re being underpaid or mistreated at work, don’t wait. Leeds Brown Law offers:

  • Free consultations to assess your case
  • Skilled lawyers who deal with violations of labor laws every day
  • Aggressive legal representation across NYC, Nassau, and Suffolk

Get in touch with us today or use our contact form to schedule your complimentary and confidential consultation. We stand ready to help you regain what’s yours—and more.

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