When you put in hours at work, you deserve to be paid fairly and on time. Unfortunately, wage and hour disputes are all too common in New York. From restaurant workers being shorted on tips to construction workers not receiving proper overtime, these violations can seriously impact your livelihood. The good news is that laws are in place to protect you, and with the right support, you can fight back and recover the compensation you’re owed.
At Gordon & Gordon, our team of employment lawyers has decades of experience helping workers stand up against unfair pay practices. In this post, we’ll break down wage and hour rights, common violations, and how an attorney in New York can help you get the justice you deserve.
Understanding Wage and Hour Laws
Wage and hour protections come from federal and state law. The Fair Labor Standards Act (FLSA) sets the nationwide baseline, while New York has additional employee-friendly rules. Together, these laws guarantee workers:
- Minimum wage: Employers must meet or exceed state rates. Failing to do so may amount to a minimum wage violation claim.
- Overtime pay: Non-exempt employees must receive time and a half for hours worked beyond 40 hours per week.
- Meal and rest breaks: Under meal and rest break laws in NY, workers are entitled to uninterrupted break times, depending on hours worked.
- Recordkeeping: Employers are legally required to keep accurate payroll records.
Violations of these protections, whether intentional or accidental, are known as FLSA violations that New York workers can challenge through legal action.
Common Wage and Hour Violations
Not all violations are obvious. Some employers make mistakes, while others knowingly cut corners to save money. Here are the most frequent issues seen by our wage and hour lawyer team:
- Unpaid overtime: Workers asked to clock out but continue working. If this sounds familiar and you’re wondering what to do if my boss is not paying me overtime, you may need an unpaid overtime lawyer in NY.
- Employee misclassification: Employers often label workers as “independent contractors” or “salaried” to avoid paying overtime. If this applies to you, a lawyer for independent contractor misclassification or employee misclassification can help.
- Wage theft in tipping industries: If you’ve ever asked, “Can my employer keep my tips in New York?” The answer is no. Tip pooling and tip credit violations are frequent in restaurants.
- Illegal pay deductions: Employers cannot make illegal pay deductions for uniforms, equipment, or mistakes that are their responsibility.
- Unpaid commissions: Sales staff may need an unpaid commissions attorney if employers fail to honor agreements.
- Final paycheck issues: Final paycheck laws require timely payment when employment ends.
These issues show up in nearly every industry, but certain workers, such as restaurant employees, construction workers, retail staff, home health aides, and gig economy workers, face them most often.
Signs You May Have a Wage and Hour Claim
Are you wondering whether you’ve been wronged by your employer? Here are red flags:
- Your paycheck doesn’t match the hours you worked.
- You’ve thought, “My employer changed my timecard illegally.”
- You work over 40 hours but never see overtime pay.
- You rely on tips but notice missing income (classic restaurant worker wage theft).
- You’re salaried, but you still ask: “Am I owed overtime if I’m a salaried employee in New York?”
- You’ve had disputes over unpaid bonuses or commissions.
- Co-workers share similar complaints.
If any of these apply, you may have grounds for a claim under back pay claims or other wage recovery actions.
Steps to Take if You Suspect a Violation
Taking action quickly is critical, especially since the statute of limitations for wage claims in NY is limited. Here’s what to do:
- Document everything: Save pay stubs, schedules, texts, and emails that show your hours and pay.
- Raise the issue internally: Sometimes payroll mistakes happen. If it’s not corrected, move forward.
- Learn your rights: If you’re unsure how to sue an employer for unpaid wages or how to file a wage claim with the NY Department of Labor, research the process, or better yet, get guidance from a professional.
- Consult a lawyer: Speaking with a labor lawyer or wage theft attorney in NYC can clarify your options and prevent retaliation.
Whether you’re facing construction worker overtime pay issues, retail employee pay disputes, or home health aide unpaid wages, the right steps can help you recover your hard-earned money.
How an Employment Lawyer Can Help
A seasoned New York employment attorney does more than file paperwork. They:
- Evaluate whether you have a claim under state or federal law.
- Calculate owed wages, overtime, and damages (often doubled under the law).
- Represent you in negotiations or court.
- Protect you against retaliation or wrongful termination.
- Guide you through complex cases, like independent contractor misclassification, rights for salaried employees, or gig economy worker pay disputes.
Whether you need a lawyer for tipped employees, an unpaid commissions attorney, or the best wage and hour lawyer in New York, having a knowledgeable advocate levels the playing field against employers and corporations.
Take Control of Your Rights
Wage and hour disputes can feel overwhelming, but you don’t have to face them alone. Workers across industries, from restaurants to construction sites, are protected by strong laws in New York. If your employer has denied you wages, overtime, tips, or commissions, you may be entitled to significant compensation.
At Gordon & Gordon, our NYC law firm’s employment specialists have helped countless workers recover what they’re owed. Whether you need an unpaid overtime lawyer, a wage theft attorney, or an employment attorney, we’re here to fight for you.
Don’t wait. If you’re asking yourself how to sue an employer for unpaid wages in NY or what to do if my boss is not paying me overtime, it’s time to act. Find a wage and hour attorney, or schedule a case review with an employment attorney today.
Your work matters. So should your paycheck.