Wage and Hour Violations in New York
Clear Guidance on Overtime, Unpaid Wages, Minimum Wage Violations, and Related Rights
New York and federal law provide strong protections for workers’ pay. When employers fail to track hours accurately, deny overtime, withhold wages, misclassify employees, or ignore minimum wage requirements, these violations can have serious financial consequences. Many employees are unsure whether their employer’s pay practices are lawful, especially when job titles, salary arrangements, or industry norms create confusion.
This section of the site explains the most common wage-and-hour issues and provides detailed pages addressing each one. As a selective solo practitioner, I analyze wage claims personally, focusing on clarity, precision, and practical guidance tailored to your circumstances.
Common Wage and Hour Issues
Wage and hour violations take many forms. Some employees are denied overtime because they were wrongly classified as “exempt” or as independent contractors. Others are paid late, underpaid, or not paid for all hours worked. Still others never receive legally required wage notices or accurate pay statements. These problems often overlap, and the law provides distinct remedies for each type of violation.
The topics below outline the most frequent issues. Each link leads to a dedicated page with a deeper explanation of the law, the evidence involved, and the remedies employees may pursue.Unpaid Wages and Last Paycheck Issues
This includes withheld straight-time pay, time shaving, off-the-clock work, late payments, and failure to pay final wages after separation.
Learn more about unpaid wages and last paycheck issues →
Unpaid Overtime and Employee Misclassification
Many employees are entitled to overtime even when paid a salary or given a managerial title. Misclassification is one of the most common violations under New York and federal law.
Learn more about unpaid overtime and employee misclassification →
Minimum Wage Violations
New York’s minimum wage varies by region and industry. Violations occur when employers fail to meet hourly minimums, deduct improper charges, or misapply credits.
Learn more about minimum wage violations in New York →
Wage Notice and Paystub Violations (NYLL § 195)
Employers must provide accurate wage notices and pay statements under the NYLL. Failure to do so creates separate statutory penalties, even when wages were otherwise paid correctly.
How I Approach Wage and Hour Claims
These cases turn on documentation, classification, timekeeping practices, and the employer’s pay structure. I review pay statements, job duties, schedules, communications, and relevant company policies to determine where violations occurred and what remedies may be available. Because I maintain a limited caseload, each matter receives close attention from the outset.
Wage and Hour Frequently Asked Questions
What counts as a wage and hour violation in New York?
Wage and hour violations include unpaid wages, unpaid overtime, minimum wage underpayments, failure to pay for all hours worked, off-the-clock work, improper deductions, and failure to provide required wage notices or accurate paystubs. Misclassifying employees as “exempt” or as independent contractors can also lead to violations.
How do I know if I am owed overtime pay?
In general, most employees in New York must be paid time-and-a-half for hours worked over 40 in a workweek unless they fall within a genuine exemption. Your job title alone does not determine exemption status. What matters is what you actually do, how you are paid, and whether your duties fit the legal criteria for an overtime exemption.
Can my employer pay me in cash without giving me paystubs?
Employers may pay in cash, but they are still required to keep proper records and provide wage statements showing your hours, rates of pay, and deductions. Being paid in cash does not excuse failure to pay minimum wage or overtime, and it does not relieve the employer of recordkeeping obligations under New York law.
What should I do if my employer is not paying me for all my hours?
It is important to keep your own records of the hours you work, including start and end times, breaks, and any off-the-clock work. Save schedules, messages, and pay information. You do not need perfect documentation before speaking with an attorney, but your records can help support a wage claim.
How far back can I recover unpaid wages in New York?
Many claims for unpaid wages under New York law allow recovery for up to six years. Federal law may impose shorter limits, but New York’s longer period often applies. Because deadlines are technical and fact-specific, it is best to seek an evaluation as soon as you suspect underpayment.