Wage Violations in New York City: Know Your Rights and Recover Your Pay

The Laws That Protect NYC Workers

• Fair Labor Standards Act – federal baseline for minimum wage and overtime at 1.5 times the regular rate after 40 hours in a workweek for non-exempt workers.
• New York Labor Law – stronger state rules for minimum wage, overtime, spread of hours, call-in pay, and tip credits.
• Wage Theft Prevention Act – written wage notice at hire and accurate pay statements each pay period.
• Industry Wage Orders – hospitality and other sector specific rules for tips, uniforms, and records.

These laws apply to hourly employees and many salaried workers who are misclassified as exempt or as independent contractors.

Common Wage Violations We See in NYC

• Unpaid overtime after 40 hours in a week for non-exempt employees.
• Off-the-clock work for opening, closing, cleaning, prep, remote logins, or required training.
• Tip skimming or illegal tip pools that include managers or non-tipped staff.
• Minimum wage shortfalls or invalid tip credits that push pay under the legal rate.
• Misclassification as exempt or as an independent contractor to avoid overtime and benefits.
• Illegal deductions for walkouts, broken items, cash shortages, or uniforms.
• Bad pay statements that hide hours, rates, tips, or overtime.

How to Document and Act

1. Save records of time sheets, POS reports, schedules, texts, emails, and pay stubs.
2. Track hours in a personal log including start time, end time, and breaks.
3. Note witnesses who saw you working off the clock or being denied overtime.
4. Do not sign any release or agreement that you do not understand.
5. Contact an attorney before confronting management if you fear retaliation.

Sample Message You Can Send HR

Subject: Pay Accuracy and Overtime Review

Hello [HR/Manager Name],

I am requesting a review of my pay and recorded hours. My records show that I
worked overtime and off-the-clock time that may not have been paid at the
required rates. Please let me know how we can correct this going forward and
address any underpayments.

Thank you,
[Your Name]
  

Collective and Class Actions

When the same pay practice harms many workers, claims can proceed as a collective action under the FLSA or a class action under New York law. Group cases often increase leverage and efficiency while protecting workers from isolated retaliation.

What You Can Recover

• Unpaid wages and overtime
• Liquidated damages up to double the unpaid amount where permitted
• Interest and statutory penalties for pay notice and pay statement violations
• Attorney fees and costs as allowed by law

Local Focus: New York City Boroughs

We represent workers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, including restaurants, hotels, retail, warehouses, delivery, home health, and professional offices. We tailor strategy to the employer, venue, and industry rules that apply.

How Leeds Brown Law Helps

We audit your pay, calculate violations, secure records, contact the employer, and file agency or court actions when needed. Our team understands NYC wage orders, tip credit rules, and the documentation that wins wage cases.

Speak With a Wage Violation Lawyer

Ready to review your pay and hours in New York City? Call (516) 873-9550 or visit https://leedsbrownlaw.com/contact-us/.

NYC Wage Violation FAQs

Do salaried workers get overtime?

Many do. Salary alone does not make you exempt. Duties and pay thresholds control eligibility.

Can managers take part in tip pools?

No. Including managers or most non-tipped roles can invalidate the tip pool and trigger back pay.

What if my pay stub is missing hours and rates?

Bad statements can support additional penalties and help prove underpayment.