Employer Defenses to Wage Claims

They’ll Make Excuses You Need to Be Ready to Shut Them Down

Once you file a wage claim, expect pushback. Employers don’t usually admit fault, even when the violations are obvious. Instead, they look for ways to shift blame, cast doubt, or claim confusion. It can feel personal, but it’s not unusual. And you don’t have to take it lying down.

At Horn Wright, LLP, our attorneys have seen the full range of employer defenses, from “we didn’t know” to “they agreed to it.” What matters isn’t what they say. What matters is what you can prove, and how the law responds to their excuses. In New York, many of these so-called defenses fall apart under scrutiny. But only if you’re prepared.

The truth is, when employers know they’re being watched, they scramble. They rewrite policies, backdate records, and try to rewrite history. That’s why having someone on your side who knows the tactics, and how to tear them apart, is key.

Common Defenses Employers Use in New York Wage Cases

New York employers facing wage claims usually try to argue one of several things: that no violation occurred, that the worker misunderstood the law, or that the employer acted in good faith. These defenses are often rehearsed and surface-level, but they still need to be taken seriously, and addressed directly.

The most common employer defenses include:

• The employee was exempt from wage laws due to their salary or duties. This is common in misclassification cases involving so-called managers.
• All hours were paid properly, and any discrepancies are the result of employee errors, like forgetting to clock in.
• They acted in good faith, meaning they didn’t knowingly violate the law and made a reasonable effort to comply.

The federal Fair Labor Standards Act (FLSA), give employers limited room to use these defenses. But once challenged with strong evidence, these claims often unravel quickly.

How to Challenge the “Good Faith” Defense

Employers love to say, “We didn’t know.” It’s called the good faith defense, and under both the FLSA and NY Labor Law §198(1-a), it can, in limited cases, reduce the amount of damages they owe. But claiming ignorance isn’t enough. To use this defense, employers must show they took active steps to comply with the law, and that their mistakes were honest and reasonable.

In practice, that means they’d need to show:

• They sought guidance from the Department of Labor or legal counsel.
• They trained staff on proper pay procedures.
• They tried to follow posted labor standards or published regulations.

If they skipped any of these steps, the court is unlikely to accept a good faith defense. And if they ignored clear warnings, falsified records, or applied policies inconsistently, the defense is almost certain to fail. Courts in New York look at both actions and intentions, and vague claims of confusion rarely hold up.

Why Written Policies Do Not Always Protect Employers

Employers often present an employee handbook or wage policy as a shield. “We had a policy” is one of the first things they’ll say. But written policies mean very little if they weren’t followed in practice. Under NY Labor Law §195 and FLSA recordkeeping standards (29 CFR §516), it’s not the paper that matters, it’s what actually happened.

For example, a company may have a policy stating all overtime must be approved. But if supervisors routinely required extra hours without formal approval, and workers were expected to comply, that policy becomes meaningless. The same goes for rules about clocking in, meal breaks, or off-the-clock prep work.

Courts evaluate not just whether a policy exists, but whether it was enforced fairly and consistently. If the employer can’t show real-world compliance, their handbook won’t save them. And if there’s a pattern of violations, the existence of a policy can actually backfire by proving they knew what the law require, and chose to ignore it.

What Happens When an Employer Blames You for the Violation

Sometimes the defense is as simple, and frustrating, as blame. Employers may say you didn’t follow procedures, failed to report missing hours, or somehow agreed to illegal pay practices. In these situations, staying calm and focused on facts is key.

Legally, the burden is still on them. Under both FLSA §211(c) and NY Labor Law §661, employers are required to keep accurate time records. If those records don’t exist, or if the system relied on employees “reminding” management about missed time, that’s not your fault, it’s theirs.

Employers may also claim you were an independent contractor, even if they set your hours, supervised your work, and controlled your tools. But under New York’s “ABC test”, which considers behavioral and financial control, many workers are wrongly classified this way. You don’t lose your rights just because your boss says you’re not an employee.

If your employer is pointing fingers, it’s often a sign they don’t have the documentation to back up their side. That makes your documentation, and your memory, all the more important.

How New York’s Burden of Proof Rules Compare to Maine’s Approach

One major advantage for workers in New York is how the state treats burden of proof in wage cases. Under Labor Law §196-a, when an employer fails to keep required records, the burden shifts, meaning the employee’s reasonable testimony can be accepted as fact. In other words, if your employer didn’t track your hours properly, the court will likely take your word for how much you worked.

Maine, by contrast, follows a more traditional model. While employees can still succeed without employer records, the burden doesn’t shift as strongly. That means workers in Maine often need more supporting documentation to get the same result.

New York’s approach is worker-friendly for a reason. The state recognizes that wage violations often come with missing or manipulated records. By shifting the burden, the law gives workers a fair shot even when employers try to rewrite history.

How Documentation and Testimony Can Undermine Their Story

If your employer is mounting a defense, you need something to knock it down, and documentation is often the best tool you have. Even if it’s not perfect, consistent logs, emails, or screenshots can expose contradictions and prove a pattern. In court, that’s often all it takes to tip the balance in your favor.

Strong evidence may include:

• Personal time records, such as notebooks, spreadsheets, or calendar entries showing when you worked and what you did.
• Text messages or emails where supervisors acknowledged missed pay or off-the-clock work.
• Testimony from coworkers who experienced similar treatment or saw violations happen firsthand.

Once you present this kind of evidence, the burden often shifts. If your employer has no way to disprove your version of events, the court may assume your account is accurate. And if you have multiple sources supporting the same story, their defenses get even weaker.

What to Expect During a Hearing or Mediation

After a claim is filed, many cases go to mediation or a hearing before trial. These steps give both sides a chance to present their version of events, and, in many cases, settle. But don’t expect a dramatic courtroom showdown. Mediation is often quiet, paperwork-heavy, and focused on compromise.

During a hearing or mediation session:

• The employer may present time records, policies, or witness statements to support their defense.
• Your attorney (or the DOL representative) will challenge these claims with documents, logs, and testimony.
• The mediator or hearing officer will weigh the facts, ask questions, and often suggest a resolution before moving to trial.

In many cases, the process reveals who’s more prepared. Employers who show up with vague statements and no supporting records tend to lose credibility quickly. Meanwhile, workers who come prepared with real details tend to gain ground fast, especially under New York’s evidentiary rules.

When a Strong Case Forces a Settlement

Once the employer realizes you have a case, a strong one, they’ll often want to settle. Most employers don’t want to face public scrutiny, court costs, or legal precedent. And if their defenses fall apart under pressure, settling becomes the best move for them.

Settlements often happen:

• After mediation, when the facts are laid out and the weaknesses in their defense are obvious.
• When multiple employees come forward, increasing the risk of a class or collective action.
• After discovery, when your lawyer uncovers damaging documents or admissions from supervisors.

A strong case doesn’t just win court battles. It pressures employers to settle fairly and quickly, and often leads to outcomes that go beyond just back pay. With proper legal strategy and documentation, your claim can do more than just recover wages. It can change workplace practices for good.

How Horn Wright, LLP, Can Help You Shut Down Employer Excuses

You filed your claim. They made excuses. Now it’s time to fight back. At Horn Wright, LLP, our employment law attorneys know every employer tactic in the book, and we know how to dismantle them. Whether they’re claiming good faith, blaming you, or hiding behind paperwork, we’ll dig in and push back.

We’ve taken on companies that tried to twist the law, bury records, or intimidate workers into silence. And we don’t let them get away with it. If you’re looking for a legal team recognized nationwide for standing up to wage defense tactics, you’ve found us.