Common Wage & Hour Violations

If It Feels Shady It Probably Is a Violation

When something about your paycheck feels off, like missing hours, unexplained deductions, or being told to work “off the clock,” your instincts may be spot on. Many wage violations occur in plain sight but get dismissed as “that’s just how it works.” It isn’t normal, and it’s almost certainly illegal.

At Horn Wright, LLP, we often hear from workers who feel confused, frustrated, or underpaid, but unsure whether they have a valid claim. Once our employment law attorneys dig in, the signs are obvious. If your employer is cutting corners, hiding hours, or misusing titles to deny pay, it’s usually a violation worth investigating.

You don’t have to accept wage abuse because it’s labeled as “company policy” or “industry standard.” There are laws, state and federal, that protect your right to fair compensation.

Top Violations Seen in New York Workplaces

Here are the most frequent violations we see in New York work environments. Each one may sound like a small issue, but collectively, they cost thousands of dollars and undermine legal protections.

• Off-the-clock work: Employers may exclude certain hours from your time records—like pre-shift prep, clean-up, or walking to your station. That unpaid time often pushes effective workweeks well beyond 40 hours without corresponding overtime pay. Courts and the FLSA hold employers responsible for all hours worked, recorded or not.
• Missed meal breaks and rest periods: New York law requires unpaid meal breaks for shifts longer than 6 hours under 12 NYCRR §142-2.1, and the FLSA supports required rest breaks. Skipping breaks isn’t only unhealthy, it often leads to wage and hour violations when time isn’t paid properly or deducted illegally.
• Misclassification of exempt vs. non-exempt employees: When a “manager” or salaried worker handles primarily operational or hourly-type work, employers may deny overtime pay improperly. New York Labor Law Articles 6 and 19 set strict tests for when exemption applies, and job titles alone don’t qualify.
• Tip credit and tip pooling abuse: In hospitality and service sectors, employers may keep tips, require managers to share in tips, or fail to provide the required tip credit notice. When tip distribution or credit calculations are mishandled, employees frequently recover lost wages under both state and federal law.

That bullet list highlights frequent abuses. Many violations seem routine, but none are lawful.

Off‑the‑Clock Work and Missed Breaks

One of the most common complaints: work that isn’t counted. If you arrive early to set up, stay late to clean, check messages after clocking out, or walk between workstations without logging it, that time still counts. Courts under FLSA and New York law recognize that unpaid work before or after shifts is legally compensable.

Then there are, missed meal breaks. In New York, if your shift exceeds six hours and you haven’t taken a bona fide meal break, you may be owed additional pay—the so-called “spread of hours” premium described in 12 NYCRR §142-2.4. Denying workers their break means denying pay.

Rest breaks, though unpaid, also can’t be coerced into “undocumented.” If your employer fails to track or allow these breaks, it’s not your problem, it’s theirs. Cases often hinge on gap time that is repeated and knowingly ignored.

Tipped Wage and Tip Pooling Abuse

If your wages rely on tips, you’re entitled to specific protections. Employers must pay at least New York’s tipped‐eligibility base wage, currently $10.65 in NYC, and provide a timely tip credit notice under NY Labor Law §196-d. Without it, employers forfeit the right to apply the credit.

Tip pooling policies can also go awry. Owners and supervisors cannot legally receive tips unless they’re explicitly allowed by state law. If your employer diverts tips improperly or requires forced sharing, you may reclaim all of it.

These violations nearly always go unchallenged by employees, until they team up or meet someone who understands the law. Once challenged, employers often choose to settle rather than litigate poorly defined tip practices.

Misclassification and Exemption Misuse

The line between exempt and non-exempt roles isn’t always clear, but job duties make it definite. Executives, admins, and professionals have exemption criteria under FLSA §213(a). Those criteria include genuine managerial authority plus meeting salary thresholds, and neither is automatic with a title.

If your responsibilities involve mostly manual work, client support, or routine administration, even in a supervisory role, your job likely fails the exemption test. When employers deny overtime based on job titles that don’t fit those legal criteria, misclassification claims arise.

New York gives employees a long timeframe to challenge this, up to six years under Labor Law §198(3), and the potential for liquidated damages under §198(1-a). That makes misclassification one of the strongest areas of wage claims.

Common Employer Excuses That Don’t Hold Up in Court

Employers often rely on stock defenses, but many fail under scrutiny:

• Claim: “You agreed to it.” Reality: You can’t waive overtime rights by agreement under both FLSA and New York law.
• Claim: “We paid you, you’re overpaid.” Reality: Courts don’t accept subjective satisfaction with salary as justification for exempt status without actual duties.
• Claim: “Our policy allows unpaid prep/cleanup time.” Reality: Policies don’t override statutory requirements, especially if the policy isn’t followed consistently or the hour is unavoidable.

These defenses may appear plausible in internal memos, but they crumble when evidence shows unpaid work, incorrect timekeeping, or unilateral policy enforcement.

What to Do When You Suspect a Violation

Start keeping your own records, even if your employer doesn’t. Use a notebook or your phone to note your hours, duties, tips, or unpaid tasks. Evidence starts with your own timeline.

Reach out to coworkers. If multiple of you feel underpaid due to scheduling, tip pooling, or unpaid hours, there’s power in numbers. Class or collective claims often follow this path.

Consider talking to a wage & hour attorney rather than jumping straight to a formal complaint. An experienced lawyer can advise whether you should file with the NY State Department of Labor or pursue a private suit under the FLSA §216(b) and NY Labor Law Articles 6 and 19.

How New York’s Enforcement Standards Differ from Maine’s

New York combines higher wage thresholds, longer filing windows, and mandatory liquidated damages. Maine’s rules mirror FLSA more directly, with lower wage rates, shorter deadlines, and fewer guaranteed penalties.

In Maine, wage limits and digests rely on two-to-three-year statutes and lack the same shift-of-burden structure if employers fail to keep records. New York’s more protective framework gives employees flexibility to uncover violations, even years later.

That’s why many workers migrate to a New York-based claim, it simply offers more doors and stronger protections.

Real Examples of Everyday Workers Who Took Action

One group of restaurant staff tracked unpaid side work and misapplied tip pooling for six months. They filed a collective claim and recovered missed base hours, liquidated damages, and full tip distributions. Their weekly checks finally reflected the full hours and correct credit.

In another case, retail assistants misclassified with obscure “manager” titles, and no oversight or team control, won overtime compensation going back nearly four years. Their pay recovered doubled through liquidated damages under NYLL §198(1-a).

These stories reflect regular people taking action. They didn’t have law degrees, they had documentation, consistency, and support. And they got justice.

How Horn Wright, LLP, Can Help You Take Action Against Workplace Wage Violations

If something feels off about your pay, don’t ignore it. Horn Wright, LLP, is here to help you understand if what’s happening is illegal, and what you may recover. We’ve handled cases involving missed hours, tipped wage abuse, misclassification, and wage theft across New York. Our employment law attorneys can guide you toward the right path, whether that’s filing a DOL complaint or pursuing a claim.

If you're ready to work with a team recognized for fighting for pay equity in New York workplaces, reach out today.