New York Wage and Hour Violation Attorneys

When Employers Don’t Pay What You’ve Earned

If you feel like you’re working nonstop but your paycheck doesn’t reflect it, you’re not crazy and you’re not alone. Wage and hour violations are far more common than most people realize. In fact, many employers count on their workers not knowing the rules or being too afraid to speak up.

Wage theft can be subtle. Maybe your boss has you work off-the-clock after you’ve already clocked out. Or maybe you’re being paid in cash with no records, even though you’re working more than 40 hours a week. It can also be direct, like when your paycheck arrives short or doesn’t show your overtime hours.

The good news? Unpaid wages can be recovered. New York law protects workers across industries from food service and delivery to healthcare, cleaning, and gig work. At Horn Wright, LLP, we help employees hold employers accountable for unpaid wages, stolen tips, missed overtime, and more.

What Counts as a Wage and Hour Violation in New York

Wage theft isn’t just someone refusing to pay you. It can take many forms, some of which look “normal” on the surface.

Here are some examples:

• You’re made to show up 15 minutes early each day to prep, but can’t clock in until your actual shift starts
• You’re expected to respond to work texts or emails after hours, without extra pay
• Your paycheck always arrives late, short, or with unexplained deductions

A violation can be about time just as much as money. Employers who shave time off your schedule, delay your paychecks, or make you work off-the-clock are breaking the law. You don’t need to be salaried or full-time to be protected. New York law covers hourly workers, tipped employees, freelancers, gig workers, and more.

Even if the amounts seem small—a few minutes here, a few dollars there—it adds up. And if it’s happening to you, it’s likely happening to others too.

You Have the Right to Be Paid for Every Hour You Work

New York’s wage laws are strong, and in many cases, even stronger than federal rules. That’s good news for workers, but only if you know your rights.

• Minimum wage violations in New York vary by region, but no worker should earn less than the legal rate for their area
• Overtime pay is required after 40 hours a week unless you’re truly exempt
• Tipped workers must still earn at least the full minimum wage when tips are added in and employers must make up the difference if they don’t

Gig workers and freelancers have some protection too, especially under New York’s Freelance Isn’t Free Act. And if your employer tries to misclassify you as an independent contractor when you’re really an employee, that could cost you overtime, benefits, and protections.

Common Ways Employers Steal Time or Wages

Wage theft often looks like “normal business practice” until you realize it’s illegal. Employers cut corners in subtle ways that end up stealing your time and money.

Some of the most frequent tactics include:

• Forcing you to work off-the-clock before or after your shift
• Having you stay “on call” without pay or proper compensation
• Skipping your meal and rest breaks or making you clock out for them but keep working
• Taking your tips or including managers in illegal tip pools
• Clocking you out automatically even though you're still doing tasks

These practices may feel unfair, but more importantly they’re unlawful. And if they’ve happened to you, you may be entitled to more than just the missing pay.

Overtime Violations: More Than 40 Hours Should Mean More Pay

In New York, hourly workers are entitled to overtime pay, i.e., time-and-a-half, for any hours worked over 40 in a single week. It sounds simple, but too many employers twist the rules.

We see overtime abuse all the time in industries like:

• Food service and restaurants
• Home health and personal care
• Retail and warehouses
• Delivery and rideshare

Sometimes, it’s about straight-up denial. Other times, your employer may mislabel your role as “managerial” or “exempt,” even though you’re working the floor like everyone else. Or they adjust your time sheets to make it seem like you didn’t cross the 40-hour line when you clearly did.

If you’re consistently working long hours without the pay to match, you may have a case. Many employees have succeeded in unpaid overtime lawsuits or disputes over overtime pay exemptions.

Are You Misclassified as Exempt or an Independent Contractor?

If you’ve been told you’re not eligible for overtime because you’re salaried, or because you’re a “contractor,” it’s time to dig deeper. Many employers use misclassification to get out of paying what they owe.

Here’s what to know:

• Exempt employees must meet specific criteria related to job duties, salary level, and independence, not just have a fancy title
• Independent contractors should control how and when they work; if your boss controls your schedule, you might actually be an employee

New York and the Department of Labor look at the reality of your work, not just what your contract says. If you’ve been denied breaks, overtime, or benefits because of your classification, it may not be legal. Workers in this situation may benefit from the FLSA guide or by reviewing their salaried employee rights.

Tip Theft and Service Charge Confusion

If you work in hospitality, your tips are your livelihood. But employers don’t always play fair.

Tip theft happens in several ways:

• Managers taking a cut of pooled tips, which is illegal
• Tip credit abuse where the employer doesn’t pay the difference if your tips don’t reach minimum wage
• Adding a “service charge” to bills and keeping it, even though customers think it’s going to you

That last one is especially confusing. Service charges are not the same as tips, and unless they’re clearly labeled and paid out properly, employers can’t count them toward your pay.

New York law is clear: your tips are yours. If you’ve lost money because of shady policies or confusing charges, you may be owed more than you think. These cases often appear in industry-specific wage disputes.

Getting Paid Late or Not at All? That’s a Violation

Your paycheck isn’t a favor. It’s the law. In New York, most workers must be paid either weekly or biweekly, and paychecks must be delivered on time.

If your employer routinely delays payroll, that’s a violation. If you’ve left a job and didn’t receive your final paycheck promptly, that’s also against the law. And if your boss tries to withhold your last check until you “return equipment” or “sign paperwork,” they’re breaking the rules.

Late pay is wage theft. Period. And depending on how long you had to wait, you might be entitled to penalties or interest on top of the wages themselves. In some cases, employees recover additional compensation through back pay calculations.

Illegal Deductions From Your Paycheck

Ever been charged for a broken item? Or shorted because your drawer was off? Employers often try to pass their costs onto workers but in many cases, it’s flat-out illegal.

New York prohibits employers from deducting wages for things like:

• Uniforms or tools required for the job
• Cash register shortages
• Accidental damage or customer complaints

Even deductions that are allowed (like for meals or housing) often require written consent and specific conditions. If you see strange subtractions on your paycheck and didn’t agree to them in writing, your employer might owe you a refund. Employers who engage in these practices may also be in violation of wage garnishment laws or other restrictions on deductions.

What to Do if You Think You’ve Been Cheated

The first step is to gather your evidence. Start keeping a written record of your hours, breaks, and job duties. Take pictures of your timecards, save texts from your manager, and keep copies of every paycheck or deposit notice.

You don’t have to confront your boss right away. In fact, it’s often smarter to speak with someone who understands the law first. Once you have a clear picture of what’s happening, you’ll be in a better position to decide whether to raise the issue internally or take legal action.

The more you document, the harder it becomes for your employer to deny the truth. If your employer retaliates, that could give rise to a separate retaliation claim under wage and hour laws.

You Can File a Wage Complaint Even If You’re Still Employed

You don’t have to quit your job to protect your rights. Many workers are still on the payroll when they realize they’ve been underpaid. That doesn’t stop you from filing a complaint.

In New York, you can file a wage-hour claim with the Department of Labor, state or federal. The process is confidential, and retaliation for filing is strictly prohibited. In fact, punishing you for speaking up could lead to even more penalties for your employer.

Acting early matters. Employers often “lose” or destroy records once a complaint is filed. The sooner you report the issue, the stronger your case may be. Understanding the deadlines to file wage claims can be important.

What You Can Recover in a Wage and Hour Case

When you file a successful claim, you don’t just get your missing wages. New York law allows for additional compensation, known as liquidated damages, basically double what you’re owed.

Here’s what you could recover:

• Back pay and unpaid overtime
• Liquidated damages equal to 100% of what’s owed
• Interest on late wages
• Attorney’s fees and legal costs

In some cases, you can file as a group. If others at your job are in the same situation, you may be able to bring a collective or class action claim, which puts more pressure on the employer and often leads to higher settlements. These wage-hour class actions often secure stronger recoveries for employees.

How Horn Wright, LLP, Helps Workers Recover What They’ve Earned

At Horn Wright, LLP, we help workers across New York take action when their paychecks don’t match their work. Whether it’s unpaid overtime, stolen tips, or illegal deductions, we’re here to make sure your employer pays you what you’re owed and then some.

We represent restaurant staff, construction crews, delivery drivers, office workers, and more. You don’t need to leave your job or risk retaliation to stand up for yourself. Our team makes the process clear, confidential, and focused on getting results.

Contact our offices today for a FREE consultation.