Wage & Hour
New York City Wage and Hour Lawyer for Employees
Unpaid overtime, minimum wage, paystub, misclassification, and unpaid wage claims in NYC and Nassau County.
If your employer is not paying you correctly, you are not alone. Wage and hour violations are among the most common employment issues in New York, and they often involve unpaid overtime, minimum wage violations, or improper pay practices that go unnoticed for years.
I represent employees in New York City and Nassau County in wage and hour claims under the New York Labor Law and the Fair Labor Standards Act. If you were underpaid, denied overtime, or paid incorrectly, there may be a path to recover what you are owed.
Common Issues
Common Wage and Hour Violations in New York
Wage and hour cases typically involve a handful of recurring issues. If any of the following sound familiar, your situation may be worth evaluating.
Do You Have a Wage and Hour Claim?
You may have a claim if:
- You regularly worked more than 40 hours per week without receiving overtime pay.
- You were paid a salary but performed non-managerial or routine work.
- Your paycheck does not reflect all hours worked.
- You were not paid at all for certain shifts or work performed.
- Your employer failed to provide proper wage notices or accurate paystubs.
You may not have a strong claim if:
- Your employer corrected the issue promptly and fully.
- The unpaid amount is minimal.
- You were properly classified under applicable law.
Each situation is different, and small details often matter.
What Your Case May Be Worth
Wage and hour cases are not limited to recovering unpaid wages. In many cases, the law allows for additional recovery, including liquidated damages, which can double the amount owed, as well as statutory penalties for wage notice and paystub violations.
In other words, the value of a claim is often significantly higher than the unpaid wages alone. The exact value depends on your pay structure, hours worked, and how long the violations occurred.
What Happens When You Contact Me
If you reach out, I will review your situation directly. That typically involves looking at your pay structure, hours worked, and any available records. From there, I can give you a practical assessment of whether you have a claim and what your options may be.
I do not rely on intake staff or scripted evaluations. If I take your case, it is because I believe there is a legitimate basis to pursue it.
Why This Page Is Structured This Way
Some law firm websites rely heavily on marketing language or broad claims about results. I take a different approach. Wage and hour claims are fact-specific, and the strength of a case depends on the details. My goal is to give you enough clarity to understand whether it is worth moving forward.
Speak With a New York City Wage and Hour Lawyer
If you believe you were not paid correctly, you can contact the office to discuss your situation. The earlier an issue is identified, the easier it is to evaluate and preserve potential claims.
Details That Can Make a Wage Case Stronger
You do not need a perfect set of records before contacting an attorney. Still, certain details can make the initial evaluation much more useful and can help determine whether your claim is worth pursuing.
Wage claims in New York are subject to strict time limits. Under the New York Labor Law, employees generally have six years from each violation to bring a claim. Under the federal Fair Labor Standards Act, the period is two years, extended to three years for willful violations.
New York employees typically rely on the longer six-year NYLL period, but the clock runs from each individual underpayment, not from the last day of employment. Every pay period that passes narrows the window of recoverable back wages.
Wage and Hour Frequently Asked Questions
How long do I have to file a wage claim in New York?
Under the New York Labor Law, most wage claims must be filed within six years of the violation. Under the federal Fair Labor Standards Act, the period is two years, extended to three years for willful violations. New York employees generally benefit from the longer NYLL period, but the clock runs from each individual underpayment. Waiting to act reduces the period for which back wages can be recovered.
Can I be paid a salary and still receive overtime in New York?
Yes. Being paid a salary does not automatically make you exempt from overtime. Many employees who are paid a fixed salary are still entitled to overtime if their job duties do not meet the legal requirements for exemption. This is one of the most common issues in unpaid overtime cases.
What should I do if my employer did not pay me for all hours worked?
You should document your hours as accurately as possible and preserve any pay records, schedules, or communications. Even if records are incomplete, claims can still be viable. You can learn more about how these cases are handled on the unpaid wages page.
How much can I recover in a wage and hour case in New York?
In many cases, you may recover not only unpaid wages, but also liquidated damages, which can double the amount owed. Additional statutory penalties may apply for wage notice and paystub violations. The total recovery often depends on how long the issue persisted and the structure of your pay.
Is it illegal if my employer pays me late in New York?
Late payment can violate New York Labor Law, particularly for certain categories of workers who must be paid on a regular schedule. Whether a delay is actionable depends on the circumstances, including frequency and duration.
What if I never received paystubs or wage notices?
New York law requires employers to provide specific wage notices at hiring and accurate paystubs with each payment. Failure to do so can result in statutory penalties, even if wages were otherwise paid. More detail is available on the wage notice and paystub violations page.
How do I know if I was misclassified as an independent contractor?
Misclassification often occurs when an employer treats a worker as an independent contractor but still exercises significant control over the work. If you were paid off the books or received a 1099 instead of a W-2, it may be worth evaluating whether you were properly classified.