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Wage theft has become prevalent throughout New York State. In fact, Governor Kathy Hochul has recently formed a task force to report and prosecute businesses committing these felony offenses. If your employer does not pay you the wages you are entitled to under New York State labor laws, you may be entitled to pursue an unpaid wage claim and significant compensation. Contact Pryor Law at (718) 829-0222 or fill out our online form to get in touch with an experienced New York wage theft attorneys today.

What is Wage Theft?

Wage theft occurs when employers fail to pay their employees the wages they’re entitled to. For example, if you work at a restaurant and your employer classifies you as an independent contractor, you could be entitled to compensation for this misclassification. Wage theft can take several different forms and often occur when employers:

Fail to pay overtime wages: Hourly employees are entitled to time-and-a-half overtime wages for any work after the first 40 hours. When employers deny their workers this additional compensation, they are committing wage theft.

Fail to pay the mandated minimum wage: When employers fail to pay their workers the minimum wage, they are committing wage theft. In 2022, the minimum wage is $15/hour throughout most of lower New York State. However, this varies by region and business type.

Misclassify employees as contractors: Employers often misclassify their employees as independent contractors (1099 Employees) to avoid providing them with benefits such as minimum wage and overtime compensation.

Fail to pay commissions: Employees working commission-based roles receive additional compensation based on their job performance- usually a predetermined percentage. Even if your employment was terminated, Section 191-C of New York’s Labor Law requires employers to pay out commissions to employees, even if they were terminated shortly after. If your employer fails to pay you commissions earned, you may have a claim for unpaid wages. 

Fail to Pay Spread of Hours Wages: When employees work more than 10 hours in a day, even if it involves multiple shifts in a single day, they may be entitled to an additional hour of pay at their base rate, in addition to any time-and-half overtime wages.

Fail to pay tipped employees: Many businesses pool their tips and distribute them equally among tipped employees. While this is legal, employers sometimes distribute tips to untipped employees or themselves, effectively stealing money from their employees. 

Abuse Unpaid Interns: Employers do not need to pay their interns if they are providing them with education or training- comparable to what they would receive in a classroom. Unpaid interns assigned with menial work- like running errands or getting coffee may have a claim for wage theft.

Which professions are most vulnerable to wage theft?

While wage theft can occur across a variety of industries and professions, unpaid wage claims tend to occur more often in the following jobs:

• Tipped employees, including servers, taxi drivers, and casino employees
• Sales representatives
• Retail employees
• Unpaid internships
• Improper wage deductions

 What to do if your employer does not pay you:

If you suspect your employer is committing wage theft, we recommend taking the following steps to defend your rights and strengthen your claim in the event of a lawsuit:

Contact Your Human Resources Department: Get in touch with your employer’s human resources or payroll department to discuss your unpaid wages. In many cases, unpaid wages arise from honest mistakes or clerical errors and can be corrected amicably. 

Report the Violation: If you cannot resolve your unpaid wages with your employer, be sure to report the incident to the Department of Labor. Doing so will help strengthen your claim in the event of a civil lawsuit for your unpaid wages.

Contact a New York Wage Theft Attorney: Contact an experienced wage theft attorney to discuss your claim. Our New York wage theft attorneys at Pryor Law will investigate your case and file a lawsuit for unpaid wages on your behalf. Our Bronx, New York employment attorneys will defend your rights if your employer retaliates against you for filing a claim. 

Statute of Limitations

Despite the New York and Federal wage and hour laws, some employers continue to take advantage of their workers. If you or a loved one have fallen victim to a wage and hour violation, such as wage theft, it is crucial that you contact an experienced attorney because there is a time limit. New York Labor Law extends the statute of limitations to up to six years; however, it varies depending on the nature of your wage theft claim. Our Bronx, New York wage theft attorneys at Pryor Law have decades of experience securing substantial settlements and verdicts for our clients, and our results speak for themselves. Call us today or fill out our contact form for a free, no-obligation consultation to discuss your legal matter.

Our employment attorneys at Pryor Law work closely with our clients to protect their legal rights. Call us at (718) 829-0222 or fill out our contact form to see how much your claim may be worth. We are located in the Bronx, NY, and our experienced wage theft attorneys are ready to fight for you.

FAQs

What if I can’t afford an attorney?

Pryor law operates on contingency, meaning we won’t require any payment until we get you the compensation you deserve.

Pryor Law

292 City Island Ave., Bronx, NY 10464

Phone: 718-829-0222 | Email: info@pryorlaw.com