Recovering Unpaid Wages

If They Didn’t Pay You Every Penny You Have a Case

When you put in the time, you expect to get paid. Every hour matters. Every task you finished, shift you covered, or weekend you sacrificed, it all counts. So when your paycheck comes up short, even by a little, it doesn’t just sting. It creates financial stress, builds resentment, and eats away at trust. Unpaid wages aren’t just an oversight. They’re a violation of your rights.

At Horn Wright, LLP, we stand up for New Yorkers who haven’t been paid what they earned. Our employment law attorneys understand how wage laws work and how to make them work for you. Whether you’re missing regular pay, overtime, or final wages after leaving a job, we know how to pursue what you’re owed.

New York Labor Law §190 and the Fair Labor Standards Act (FLSA) protect your right to full compensation. Employers are legally obligated to pay at least the minimum wage, plus overtime for hours worked beyond 40 per week. They must also pay you for every hour worked, not just the ones they decide to count.

If your job duties, schedule, or paycheck don’t line up, you have every right to demand answers. And you’re not doing anything wrong by asking. You’re asking for what’s already yours. 

What Counts as Unpaid Wages in New York

Unpaid wages aren’t limited to a missing paycheck. They can show up in a bunch of ways, and many people don’t realize how broad the law really is.

Under New York Labor Law Articles 6 and 19, unpaid wages include:

• Regular hourly wages, especially if you're paid below the applicable minimum wage
• Overtime pay, which should be 1.5 times your regular rate for hours over 40 per week
• Final wages after termination or quitting, which must be paid on the next scheduled payday

Other types include commissions, earned bonuses, or pay withheld because of illegal deductions. Even if you were paid something, you could still have a claim if it wasn’t the full amount required by law.

How to Gather Evidence of Unpaid Work

You don’t need a mountain of paperwork to take action. But the more detailed your records are, the easier it becomes to prove what happened. Even basic notes or screenshots can help fill in the gaps.

Start with anything that shows what you were promised and what you actually worked. That includes:

• Pay stubs, direct deposit slips, or bank records that show when and how much you were paid. If the amounts are inconsistent or incomplete, they can help prove a pattern.
• Schedules, timecards, or punch-in data that document your hours. Even text messages about your shifts or screenshots of scheduling apps can back you up.
• Written communications like texts or emails from supervisors asking you to come in early or stay late. These can help show extra hours that were never counted.

If your employer doesn’t keep good records, that’s on them. The law puts the burden on the employer to track time and pay. Our employment law attorneys can build a strong case with good documentation.

Sending a Demand Letter Before Filing a Claim

Sometimes, a simple letter can make a big difference. Before you file a formal complaint, it often makes sense to send a written demand to your employer. This lets them know you're serious and gives them a chance to correct the issue without involving the courts or the state.

A good demand letter should:

• Clearly state what wages you believe are unpaid
• Reference your job title, dates worked, and what hours or rates are in dispute
• Request payment within a specific period, usually 10 to 14 days

You don’t have to write this alone. An employment law attorney can help you draft a letter that’s firm, accurate, and legally sound. And if your employer ignores it, you’ve already started building a paper trail for your case.

Taking the Case to the New York Department of Labor or Court

If the demand letter doesn’t resolve things, it’s time to escalate. In New York, you can file a wage complaint with the Department of Labor (NYSDOL) or file a civil lawsuit. Each path has advantages, and your choice might depend on the amount owed and how quickly you want results.

The NYSDOL investigates wage violations under Article 19. They can order back pay, penalties, and damages. Filing with the state is often ideal for lower-wage claims, especially when multiple employees are affected.

For larger or more complex cases, a lawsuit might be the better path. In court, you can pursue broader damages under New York Labor Law §198 and the FLSA. This includes legal costs and liquidated damages, which often double what you're owed.

How Penalties Work Under New York’s Labor Law

Getting your wages is only part of the story. New York law is designed to hold employers accountable, not just financially but legally. That’s why unpaid wage claims often include extra penalties on top of back pay.

Under New York Labor Law §198:

• Workers can recover 100% liquidated damages in addition to unpaid wages
• Employers may be ordered to pay interest on the unpaid amounts
• Courts can also award attorneys' fees and court costs if you win

If your employer retaliates against you for speaking up, that opens the door to even more penalties. Retaliation includes cutting your hours, demoting you, or firing you after you file a complaint. These actions are illegal and can trigger further damages.

How Long You Have to File for Unpaid Wages in New York

Don’t wait too long. New York gives workers up to six years to file a claim for unpaid wages under Labor Law §198. That’s one of the most generous timelines in the country.

Federal law is stricter. Under the FLSA, you have only two years to file, or three if the violation was willful. That’s why it’s often better to file under state law when possible.

Even if your underpayment happened a few years ago, you may still be eligible for back pay and damages. And if the issue has continued for months or years, you may have a larger claim than you thought.

How New York’s Recovery Process Compares to Maine’s

If you've worked in both New York and Maine, it’s important to know how each state handles wage recovery. New York provides stronger enforcement and more generous remedies.

Maine law under Title 26, Chapter 7 gives workers a three-year window to file claims. Liquidated damages may apply, but they often require proof of bad faith. New York, by contrast, grants six years to file and automatically includes liquidated damages unless the employer proves they acted in good faith.

New York also has a dedicated Labor Standards Division within the NYSDOL and more robust worker protections in its statutes. If you split time between the two states, filing in New York usually offers more leverage.

Can You Still Win Without Written Proof

Yes, you can. While written records help, they’re not required. New York courts recognize that not all workers receive detailed pay stubs or digital schedules. And employers often fail to keep the records they’re supposed to.

The law allows you to submit your own records, including:

• Notes you kept about shifts or paydays
• Texts from managers assigning you extra hours
• Witness statements from coworkers who saw you working

In fact, if your employer failed to keep accurate records, the burden shifts to them to prove you were paid fairly. That gives you more power than you might think, even if all you have is a notebook or calendar app.

Horn Wright, LLP, Helps You Get Paid for Every Hour You Worked

You showed up, you worked hard, and you deserve to be paid in full. At Horn Wright, LLP, our employment law attorneys help workers in New York recover unpaid wages with strength and precision. If you want to partner with a legal team that holds employers accountable, we’re ready to fight for what you’ve earned.