Unpaid Wages Lawyer New York City
What are unpaid wages, and what are your rights as an employee? New York state law says that any time an employer promises you a wage, salary, or other payment for a good or service, you have a right to claim those wages. If your employer fails to pay you for overtime that you worked, it is also considered unpaid wages. An unpaid wages lawyer in New York City can clarify your rights and move forward with an unpaid wage claim.
Don’t let an employer steal your rightful wages. Call The Howley Law Firm today at (212) 601-2728 for a free, no-obligation consultation to determine whether you qualify for compensation.
Ensuring Employers Pay Fair Wages on Time
New York law protects you from having your pay withheld for unjustified reasons. If you feel you have been the victim of wage theft, you may need help from an experienced New York City unpaid wages lawyer.
While minimum wage and overtime are handled according to complex laws and rules, the underlying directive is simple: you have a right to be paid for the work you perform for an employer.
If you have a contract or belong to a union, you also have the right to be paid the wages provided for in your contract or collective bargaining agreement. If you work on certain public works projects, you have the right to be paid the prevailing wage for your occupation.
What is the Wage Theft Prevention Act?
The Wage Theft Prevention Act (WTPA) requires employers to pay you for your services and provide proof that they have done so. Employers have an incentive to pay their workers what they are owed since it costs less than being fined under WTPA.
The law requires employers to provide written notice of an employee’s wages, a pay stub, and the scheduled payment date. If they do not meet these requirements, they risk fines of up to $5,000 per employee.
The WTPA helps protect workers in New York from unscrupulous or neglectful employers in several ways:
- It allows workers to get their unpaid wagesback by going to court
- It prevents employers from making deductions that would cause a worker’s pay to drop below the minimum wage
- It gives employees written documentation of their wages and payment schedule.
Types of Wage Theft in NYC
There are several ways that employers try to cheat employees out of their wages. Make sure to keep a record of the hours you work so you can report any shortage in payment to your employer as soon as possible. If an employer refuses to pay what you are owed, promptly contact a New York City unpaid wages lawyer to discuss your legal options.
Withheld Final Check
If a worker is fired or quits without notice, companies may attempt to withhold their final check. They may claim that the employee owes money for a uniform or some other expense. Without the employer showing documentation of that deduction, all wages must be paid.
Unused Vacation
If you leave a job without using the vacation owed to you, that time can constitute unpaid wages. Unless the employer and employee have a written agreement showing that unused vacation does not get paid out at termination, the company must pay those wages.
Unpaid Overtime
If you are aid on an hourly basis and work more than 40 hours in a workweek, you may be entitled to overtime. Remember to keep a record of your hours. If your employer requires you to work over 40 hours to accomplish your tasks, they must pay you that additional money owed.
Missed Breaks
Under New York law, all employers are required to give their employees a 30-minute lunch break when they are scheduled to work more than 6 hours. In addition, most workers must have at least 24 consecutive hours off for every calendar week worked. If your employer is regularly asking you to miss all or part of your lunch break or forces you to work seven days a week, you may be eligible to collect unpaid wages.
Unpaid Commissions and Bonuses
Unless there is a written agreement that bonuses and commissions are paid differently, you can claim them as unpaid wages if your employer fails to give them to you. That is another reason why you must keep detailed records of all payments your employer owes you.
Minimum Wage Violations
Many companies will do anything they can to save money. Sometimes, this means taking advantage of the workers who carry their business. They will attempt to classify employees as independent contractors or salaried employees to avoid paying the minimum wage, overtime, or certain benefits.
The WTPA prevents employers from being able to reclassify any employee in a way that would cause their total pay to be less than minimum wage. That includes servers and delivery drivers who may depend on tips for part of their income.
What You Need To Know
If you feel that you have been the victim of wage theft, or have lost your job and want to be sure you get everything you are owed, there are a few things you should note.
Self-Employed Workers
If you work for yourself, you are responsible for paying unemployment insurance contributions since there is no employer to collect them from. If you do not collect your unpaid wages, you risk committing a crime by not paying your contributions. People have faced time in jail with a felony on their record for this issue.
Undocumented Workers
If you do not have a green card or were paid cash, you could still recover your unpaid wages. Employers believe that if there is no documentation proving employment, they will not have to pay, but the WTPA prevents this from happening. A New York City unpaid wages lawyer at The Howley Law Firm can help.
The Company Is Out of Business
Some workers have gone to work one morning only to find that their company has locked the doors and gone out of business. These situations often lead to months or years of ongoing pursuits to collect final paychecks. If this has happened to you, the WTPA can protect you.
Statute of Limitations
As with many legal proceedings, the clock is ticking on how long you can collect your unpaid wages. Legal action must be brought against a company for unpaid minimum wage and overtime within two years. Most other cases have a statute of limitation of six years. Consult a New York City unpaid wages lawyer as soon as possible to help you gather evidence and build your case.
What You Should Do When Affected by Wage Theft
The first thing you should do if you had your wages withheld is to bring it up with your employer. It could have been a mistake in payroll or a misread time sheet. Consider legal action if they do not acknowledge the problem and offer a remedy.
When you contact an unpaid wages lawyer to represent you, you still have protections with the WTPA. You have a legal right to collect money owed to you in court. And by law, you are protected from any retribution by the company. So do not worry that getting legal help and counsel will jeopardize your employment.
Your Best Next Steps When an Employer Withholds Your Wages
You are not powerless when an employer commits wage theft. The law is on your side. Here are some steps that you can take to increase your chances of recovering the wages you are owned:
- Document the Violation. Keep detailed records of your work hours, wages earned, and any communications with your employer regarding payment of wages. Gather evidence such as timesheets, pay stubs, and emails to substantiate your claim.
- File a Claim with the New York Department of Labor. If your employer fails to address the wage violation or refuses to pay you what you are owed, you can file a complaint with the New York State Department of Labor. They will investigate your claim and can help you collect unpaid wages.
- Pursuing Legal Action. Get legal advice from a New York City unpaid wages lawyer. They can assess your case, advise you on your rights, and negotiate or file legal proceedings against your employer to recover your unpaid wages and damages.
- Seeking Union Assistance. If you are a union member, reach out to your union representative for support and guidance regarding the wage theft you are experiencing.
A New York City Unpaid Wages Lawyer Can Help You File a Lawsuit
You could have a legal case against an employer and file a lawsuit to recover withheld wages in various cases, including when your employer:
- Paid you less than the legal minimum wage in NYC
- Refused to pay you for off-the-clock work
- Did not pay adequate overtime wages
- Failed to pay you for untaken vacation days
Unpaid wage claims can be complex. To determine whether you have a legal case and could qualify for compensation, contact a New York City unpaid wages lawyer at The Howley Law Firm. We can determine whether you are entitled to compensation and move forward with a legal case on your behalf.
Compensation You Could Receive with an Unpaid Wages Claim
If you file an unpaid wage claim in NYC and you are successful, you may be entitled to various forms of compensation to remedy the wage violation:
- Back Pay. Back pay usually covers the unpaid wages owed to you for the hours you worked.
- Interest on Unpaid Wages. In some cases, you could receive interest on the unpaid wages owed to you. Interest is typically calculated on the amount of unpaid wages and the duration of the violation.
- Liquidated Damages. You could recover liquidated damages if an employer willfully or intentionally violated wage and hour laws. These damages are designed to compensate you for the delay in receiving your wages.
- Attorney’s Fees and Legal Expenses. If you hire an attorney to represent you in your unpaid wages claim, your employer may be required to pay your attorney’s fees and legal costs.
- Additional Remedies. Depending on your case, you may be entitled to additional remedies, including reinstatement to your job, promotion opportunities, or other compensation for the harm caused by the wage violation.
The Howley Law Firm Fights for Workers’ Rights
All workers deserve to be paid for the hours they work. When your employer commits wage theft, they not only commit an injustice against you but also violate federal and New York State laws.
We can fight back to recover the compensation you deserve and hold unscrupulous employers accountable. Get started now and call The Howley Law Firm at (212) 601-2728 to determine whether you qualify for compensation.
FAQs – Ask a New York City Unpaid Wages Lawyer
How much does it cost to hire an unpaid wages lawyer?
The Howley Law Firm works on a contingency basis, meaning they only get paid if they win your case.
What types of cases do unpaid wages lawyers typically handle?
Unpaid wages lawyers handle various cases related to wage and hour violations, including but not limited to:
- Failure to pay overtime
- Violations of minimum wage laws
- Misclassification of employees as independent contractors
- Off-the-clock work
- Improper paycheck deductions
A New York City unpaid wages lawyer may represent individual workers or groups of employees against employers. If necessary, a lawyer will litigate cases in court to seek compensation for workers who were shortchanged by their employers.
