Calculating Back Pay & Damages

Let’s Break Down Exactly What You’re Owed

If your employer failed to pay full wages, whether for overtime, minimum wage violations, or misclassification, you’re owed more than just your missing paycheck. The law entitles you to lost wages, penalties, interest, and sometimes detention of your rights. Calculating those amounts accurately is critical to maximizing your recovery.

At Horn Wright, LLP, our employment law attorneys assist New York workers in combing through pay records, time sheets, and employment agreements to determine precise wage losses. Claims often span months or years, and miscalculations can leave thousands on the table. Let us help ensure your claim covers every dollar owed.

Back pay is the foundation of your recovery. But recovery under NY Labor Law and the FLSA often goes beyond base wages. You could qualify for liquidated damages, statutory interest, and legal fees. Taking a careful approach to calculation prevents employers from evading full responsibility.

You have a right to be paid, not just in part, but in full. Accurate calculation is your first step toward getting complete justice under New York law.

How to Calculate Unpaid Minimum Wage or Overtime

If your employer failed to pay minimum wage or overtime, you may recover unpaid regular pay and half again for hours over 40 per week. Under the Fair Labor Standards Act (FLSA) and New York Labor Law Articles 6 and 19, overtime pay must reflect your regular hourly rate, including bonuses and non-discretionary compensation.

Start by determining your regular rate: divide your total weekly earnings by total hours worked. Multiply that rate by 1.5 for each hour over 40 and track each week separately. Spread-of-hours pay for shifts longer than 10 hours is also due under NYLL § 650, regardless of overtime.

If you were misclassified or the company improperly labeled break time unpaid, those hours must factor into your calculation. For example, unpaid commute time, prep time, or required training may count as work, and must be compensated accordingly. Even missed meal credits or rest breaks can add up.

Beyond calculating hours, ensure your rate matches your actual earnings. If commission or tip credit played a role, that rate must be included in your regular rate before overtime calculation. Missteps in rate calculation can reduce your potential recovery significantly.

Understanding Liquidated Damages Under New York Law

Under NY Labor Law § 198(1‑a), you’re eligible for liquidated damages equal to 100 percent of the unpaid wages, effectively doubling what’s owed, unless the violation was due to good faith. That means if your employer withheld $5,000 in unpaid wages, you may recover $10,000.

Federal law under FLSA also permits liquidated damages, usually another 100 percent of unpaid wages unless the employer shows good faith efforts to comply. New York law more aggressively favors workers by making liquidated damages mandatory unless good faith defenses succeed.

Liquidated damages apply whether you earn straight pay, overtime, or spread-of-hours amounts. They also apply to misclassification cases, tip violations, or unpaid commissions, so long as wage deprivation occurred.

Liquidated damages create meaningful deterrence. Employers who risk misclassifying or underpaying create twice the liability for minimal non-compliance. That risk increases the chance they’ll settle quickly.

When You Can Recover Interest and Penalties

Under New York law, statutory interest is available at nine percent per year, calculated from the date the wages were due to the date of judgment or payment. That interest accrues separately from liquidated damages, meaning employers face double exposure: liquidated damages plus interest.

If you file through NYSDOL, penalties may be imposed for wage statement violations, failure to timely pay final wages (if you were terminated), and for failing to provide accurate pay records. Those penalties are separate from your wage recovery, they add legal pressure on employers.

Federal law does not provide interest in wage claims, but some courts award interest under equitable theories. State claims remain the primary path for interest recovery in New York.

In total, interest and penalties can significantly increase your recovery, often exceeding your original unpaid wage claim. Precise calculations and accurate documentation are essential to claiming full value.

What Happens If You Were Paid Late or Incomplete Amounts

Partial payments or routine delays usually still qualify for full wage claims, including liquidated damages and interest. If your paycheck hit days late or hours were undercounted, those shortages are recoverable.

New York law penalizes untimely payment even when paychecks eventually arrive. If promised wages were delayed, late pay carries liability under both payroll and wage statement provisions. Consistently late payments compound the legal exposure.

Receipts, text messages, or emails indicating partial or delayed payment become strong evidence. If you asked about missing wages and were ignored, or given vague assurances still ignored, you likely qualify for penalties.

Your employer's refusal or slow payment doesn’t reduce legal liability. If they owe you money, they owe you full compensation, and likely extra penalty for delay.

Documentation You’ll Need to Support the Amount You’re Claiming

Strong documentation is vital. That includes time sheets, pay stubs, wage statements, training or scheduling records showing unpaid hours, and any employment contracts or bonus agreements.

If you kept logs of hours worked, such as shift-start and end times, unpaid breaks, or tasks outside paid hours, those support your claim. Take photos or screenshots of internal systems if possible. In misclassification or overtime cases, self-tracking may bolster weak employer records.

Bank deposit records can confirm partial payments. Emails or text messages where supervisors acknowledge unpaid work provide useful corroboration. Employers may contest your hours under NYLL § 196‑d, so the burden is on you to show evidence of missing pay.

We can help you gather and catalog all documentation necessary, from calculations to support files, to build a persuasive and complete claim.

New York vs. New Hampshire: New York Mandates Liquidated Damages in Nearly All Cases, Unlike NH

New York generally mandates liquidated damages under NYLL § 198, unless employer shows good faith. That guarantee almost doubles most wage recovery claims and makes partial resolution powerful.

In New Hampshire, statutes allow recovery of unpaid wages but require proof of employer bad faith for additional damages. Liquidated or punitive damages are rare. That makes worker recovery in New Hampshire more limited and less valuable.

Interest provisions also differ: New York’s nine percent statutory rate applies automatically. New Hampshire does not provide that specific wage-related interest benefit. That leaves employees with lower total recovery potential.

If your wage claim spans many pay periods, New York’s broader damages net significantly outweigh what’s available elsewhere. That makes location critical for your lawsuit rights.

Horn Wright, LLP, Will Help You Maximize Your Wage Recovery

You worked. You were paid less than you should have been, or not at all. At Horn Wright, LLP, our employment law attorneys perform detailed wage calculations under NYLL, federal law, and enforcement procedures to identify your total recoverable value.

We work with forensic accountants when needed and review overtime logs, wage statements, expense reimbursements, or unpaid commissions. We calculate back pay, liquidated damages, interest, and penalties. We also cover legal fees so you face no cost barrier.

Let us help you recover every dollar you earned, and make sure the settlement or judgment reflects your full legal right. With our experience, your wage claim becomes more than an ask, it becomes a legal demand. We’ll help ensure accountability is not just symbolic, but financially transformative.

Work with a firm recognized for maximizing wage recovery under New York law.