Remedies for Employees with Unpaid Wages

Turning the Tables on Employers

Wage theft stings. It’s not just a mistake on your paycheck. It’s someone acting like your time doesn’t matter. You stayed late, skipped breaks, and still got shorted. That’s more than unfair. It’s exhausting. If you’re trying to figure out how to make it right, unpaid wage attorneys can help take that stress off your shoulders and fight to get your money back.

At Horn Wright, LLP, we help workers fight for what they’ve earned. Wage laws exist in every state, but New York’s are some of the toughest. Compared to places like Maine, New Hampshire, or Vermont, New York gives you clearer timelines and stronger penalties for wage violations. That gives you an edge, and we know how to use it when your paycheck is on the line.

What You Can Recover When Wages Are Withheld

Getting back what you’re owed doesn’t stop at your regular wages. It often opens the door to even more powerful financial remedies when the law has been broken.

Back Pay and What It Really Covers

Your paycheck needs to be on time and complete. Whether it’s weekly or semi-monthly, late or short payments open the door for back pay, which is your legal right. Employers who skip proper record-keeping often make things worse by leaving behind the very proof needed to support your case.

Back pay isn’t just about missing hours. It covers everything you’ve earned, including regular wages, overtime, or unpaid minimum wage gaps.

You’re legally entitled to:

• Regular hourly pay for all hours worked
• Overtime wages if you worked more than 40 hours in a week
• Minimum wage adjustments if you were underpaid

Sometimes, a back pay case uncovers bigger problems. Maybe you worked off the clock. Maybe you missed meal breaks or watched your tips disappear. Starting with back pay can lead to recovering a whole lot more.

Turning the Tables: How Interest and Penalties Make Employers Feel the Burn

The Fair Labor Standards Act makes one thing clear. If you worked, you should be paid. When your employer stalls or skimps, penalties and interest start stacking up. And the longer they delay, the bigger the hit they take.

When violations are repeated or flat-out egregious, wage theft penalties come into play. We’re talking double damages, additional interest, and serious financial consequences. These rules exist to get you what you’re owed and to make sure employers think twice before pulling the same stunt again.

When They Knew and Did It Anyway: Doubling What You’re Owed

Some employers make payroll mistakes. Others underpay on purpose, knowing exactly what they’re doing. If your employer acted intentionally, the court may award liquidated damages. That means you could recover twice what you’re owed.

This often happens when employers knowingly misclassify workers to avoid overtime. The law treats that as a serious violation. But to get those additional damages, you’ll need more than a hunch. Strong records and the right legal help make all the difference.

How Wage Theft Shows Up in Different Industries

Wage theft doesn’t discriminate, but how it plays out can look very different depending on where and how you work. From restaurant floors to construction sites and office buildings, the tactics shift, but the impact hits just as hard.

Restaurant Hustles in Hell’s Kitchen: When Your Tips Disappear

The Minimum Wage Act bars employers from taking tips or paying less than the legal minimum. Still, in hospitality jobs, these violations often slip under the radar. Many tipped workers face unique wage violations that go unchecked without legal help.

Wage theft in food service may seem minor at first but quickly adds up. If you depend on tips, even small amounts withheld can take a toll.

Here are some examples of how wage theft shows up in hospitality settings:

• Deduct tips from your paycheck
• Share tips with managers which is illegal
• Pay a sub-minimum wage without following tip credit rules

Even minor theft can seriously affect your paycheck, especially when tips are a big part of your income. Taking legal action helps recover your money and also sets a clear standard for fair pay across the industry.

Construction Work and Getting Paid What You’re Owed

Prevailing wage laws require that workers on publicly funded jobs receive specific, pre-set rates. When contractors underpay, workers may be entitled to recover lost wages and seek added compensation. These violations often happen when contractors try to cut costs on public jobs, leaving workers short of what they’ve legally earned. Enforcing these laws ensures fair pay across the board.

Midtown Late Nights, No Overtime: The Corporate Office Pay Gap

Just because you’re salaried or working in a professional role doesn’t mean your employer is following the law. Many workers are told long hours are part of the job or that they’re exempt from overtime, but that isn’t always true.

 It’s common to miss out on overtime pay without realizing it until much later. If this sounds familiar, a lawsuit for unpaid overtime might be the way to reclaim what you’ve lost and hold your employer accountable.

Courtroom Power Plays: Taking the Fight to New York Supreme Court

In court, your case may benefit from how employer liability is determined and documented under labor law. When informal complaints fall short, litigation sends a stronger message. The court system gives you legal tools that agencies may not offer.

Through litigation, you can seek:

• Full back pay
• Liquidated damages
• Emotional distress damages
• Legal fees paid by the employer

Sometimes, the mere threat of a lawsuit is enough to bring employers to the table, especially if they’ve faced wage claims before. Effective legal support means documenting every missed hour, withheld tip, or denied break. These details often fall under common wage and hour violations attorneys rely on to build a strong case.

Don’t Let a Missing Paycheck Define Your Future

Wage theft leaves many workers stressed, overwhelmed, and unsure of what to do next. But the law gives you a real shot at taking back control.

If you’re ready to move forward, connect with unpaid wages attorneys who can help you build a strong case. Contact Horn Wright, LLP, today for the guidance and representation you need to claim what you’re owed.