Filing a Wage & Hour Claim

Filing a Claim Takes Nerve but It Can Pay Off Big

Work takes up a big part of your life. So when your paycheck doesn’t reflect your time and energy, it’s not just frustrating. It’s personal. Our employment law attorneys understand what’s at stake. If you're dealing with unpaid wages, missing overtime, or clock-in clock-out issues, it can feel like no one’s on your side. But you’re not powerless. Filing a wage and hour claim in New York is one way to hold employers accountable and protect what you’ve already earned.

At Horn Wright, LLP, we take these cases seriously because we know how stressful it is when your paycheck falls short. Our employment law attorneys will walk with you every step of the way to make sure your claim gets the attention it deserves. We know the system. We know New York law. And we know how to demand fair treatment in a way that actually gets results.

But New York Labor Law Articles 6 and 19 offer strong protections for workers. These laws give the New York State Department of Labor (NYSDOL) the power to investigate unpaid wages, unpaid overtime, and illegal deductions. On the federal level, the Fair Labor Standards Act (FLSA) provides similar protections and sets standards for minimum wage, overtime, and recordkeeping. Together, these laws make it possible to go after what you’re owed.

A successful claim can result in much more than just your lost wages:

• You may receive overtime pay that was illegally withheld
• You might qualify for "liquidated damages," which can double your total recovery
• Some workers also receive interest and attorney’s fees on top of everything else

It’s not about making a scene or getting revenge. It’s about being paid fairly for time you already gave. That matters.

What Counts as a Wage or Hour Violation in New York

Wage violations can be obvious or subtle. Some people miss them completely until they realize their paycheck doesn’t add up over time. Whether you're in a restaurant kitchen, a hospital, or a corporate office, the law applies the same way.

Under Article 19 of New York Labor Law and the federal FLSA, employers must:

• Pay at least the minimum wage, which in New York varies by region (higher in NYC, Westchester, and Long Island)
• Pay overtime at 1.5 times your hourly rate for hours over 40 in a workweek
• Provide accurate wage statements that include dates, hours, rates, and deductions

New York also has a "spread of hours" rule under 12 NYCRR Part 146. If your workday stretches over ten hours, regardless of the number of hours worked, you may be entitled to extra pay. That’s specific to New York and often overlooked.

Employers who misclassify workers as "independent contractors" to avoid paying benefits or overtime can also face serious penalties. It’s not just a technicality. It’s theft, plain and simple.

Red Flags That Suggest You Are Being Shortchanged

When you’re clocking in every day and doing your job, it’s fair to expect a complete paycheck. But what if your employer is cutting corners in ways that aren’t immediately obvious? That’s where knowing the warning signs really matters.

According to FLSA, certain employer behaviors can raise legal concerns. Here are some red flags:

• You’re asked to clock out, then keep working, especially during closing shifts or prep hours
• You receive the same flat pay each week despite working different hours
• Your paycheck includes unexplained deductions for equipment, errors, or uniforms

These are not harmless mistakes. They may violate wage theft laws. And if this is happening to you, there’s a chance it’s happening to others at your job too. Whether it’s accidental or intentional, it’s still illegal. And you can take action.

Filing with the New York Department of Labor vs. Federal Channels

So where do you file your complaint? In New York, you have more than one option. Most wage claims are handled through the NYSDOL, but some go through the federal U.S. Department of Labor. Choosing the right path depends on your employer and the type of violation.

Filing with the NYSDOL under Article 6 or Article 19 lets you report wage theft, unpaid overtime, or illegal deductions. You can do this online or by mail. The state will investigate and can force your employer to pay up. This route often works well for:

• Smaller employers or local businesses
• State-specific issues like spread of hours pay
• Language-specific outreach and investigator support

The U.S. Department of Labor handles violations under the FLSA. This might be the better option if your employer operates in multiple states or if your issue involves federal minimum wage laws. In some cases, you may also file a private lawsuit in court.

Each route has pros and cons. What matters is starting. Once your claim is filed, both agencies have the power to recover back pay, damages, and penalties.

What Documents Strengthen Your Wage Claim

A strong case isn’t just about what you say. It’s about what you can show. Even if your employer tries to erase records or denies wrongdoing, having solid documentation can make all the difference.

According to NY Labor Law §195 and the FLSA recordkeeping rules, employers must maintain accurate records of hours worked and wages paid. If they fail to do so, your own records become more important. Here’s what helps:

• Pay stubs or deposit records that show what you actually received
• Timesheets or clock-in logs, especially if they conflict with your real hours
• Written communications like texts or emails assigning work off the clock

Even handwritten notes can carry weight, especially if they show consistent patterns over time. New York courts recognize that wage theft often happens without a paper trail. Your notes, screenshots, or even a journal can help paint a clear picture.

What Happens After You File in New York

Filing your claim isn’t the end. It’s just the beginning. After you submit your paperwork to the NYSDOL, your claim goes through a review process. If it qualifies, the agency contacts your employer and starts investigating.

Under the authority of the NY Labor Law §218 and Article 6, the Department of Labor can demand records, audit payroll, and issue orders for payment. The steps often include:

• A written response from your employer, explaining their side
• An investigation or interview process, possibly including your coworkers
• A formal determination, which may order payment with penalties

If your employer doesn’t cooperate, the state can take legal action. This can include levying fines or bringing the case to court. If the Department finds in your favor, you’ll usually receive a payment order, often with added damages.

Timeframes and What Slows Down a Claim

You’re probably wondering how long all this takes. That’s fair. In New York, you can file a wage claim up to six years after the violation under NY Labor Law §198. That’s generous compared to many states. Federally, you have two years under the FLSA, or three years if the violation was willful.

Still, claims don’t move quickly. Delays happen for a few reasons:

• Backlogged cases at the NYSDOL, especially in urban areas like Brooklyn or the Bronx
• Incomplete filings, such as missing forms or documentation
• Employer stonewalling, like refusing to turn over records

The best thing you can do is stay organized. Answer follow-up questions fast, keep everything in one place, and stay patient. It may feel slow, but persistence pays off. The law is on your side.

What New York Law Lets You Recover in a Successful Claim

Winning your case means more than getting your missing paycheck. In New York, the law lets you recover more to make up for the delay and stress you endured. These are not just bonuses. They are built into the law.

Under NY Labor Law §198 and the federal FLSA, you may be eligible for:

• Back wages for every unpaid hour
• Liquidated damages, which can equal 100% of your unpaid wages in New York
• Interest on the total, sometimes going back several years

If your employer broke the law intentionally, penalties can increase. The state may also impose civil fines and even refer the case for criminal charges. The goal is not just to pay you, but to stop employers from repeating the violation.

How New York’s Filing Process Compares to New Hampshire’s

New York and New Hampshire treat wage claims differently. If you’ve worked in both states, this matters. In New York, the process is more detailed, but it comes with broader protections.

New York allows claims up to six years back, under NY Labor Law §198. New Hampshire only gives you three years under RSA 275:51. That means if your wage issue started a few years ago, New York gives you more time to act.

New York also gives more tools to recover damages. While New Hampshire does allow claims through its Department of Labor, it usually doesn’t offer the same level of liquidated damages or attorney fee recovery. In short, New York law is more aggressive when it comes to protecting workers and punishing employers.

How to Handle Retaliation if It Happens

Standing up for your wages can be risky, especially if your employer doesn't like being challenged. Retaliation is illegal, but it still happens. Some workers lose hours. Others get worse assignments or even fired. That’s where strong legal protections come in.

Under NY Labor Law §215 and the FLSA, it's illegal for your boss to punish you for filing a wage claim. If they do, you have the right to sue for damages related to retaliation. These laws cover more than firing. They also protect against demotion, harassment, or any action that would make someone think twice before speaking up.

If you think you’re being targeted:

• Keep a log of every change to your job or hours after filing
• Save all communications, including texts, emails, and memos
• Talk to an attorney right away, especially if your job is at risk

You can add retaliation to your wage claim or file it separately. Either way, the law will support you. Employers who retaliate can face even steeper penalties.

You Deserve Real Pay for Real Work

If your paycheck has been shorted, manipulated, or ignored, it’s time to take that stress off your shoulders. Our employment law attorneys in New York will step in to make sure you’re heard and that your claim gets the legal force it needs. If you're ready to stop being taken advantage of and start getting paid what you're owed, we can help. Horn Wright, LLP has earned national recognition for a reason. If you're looking to team up with a proven legal force in labor law, we’re ready to fight for you.