Wage & Hour FAQ

You Have Questions About Your Pay We Have Answers

It can feel overwhelming when your paycheck doesn’t line up with your hours. Maybe overtime is missing, maybe your final check was short, or possibly you got paid in cash and don’t even have records. Whatever your concern, you deserve answers, and recovery. At Horn Wright, LLP, our employment law attorneys break down wage issues into plain language. We listen, we explain, and we help you decide what to do next.

You told us the question. Now we’re delivering the answer, straightforward, without legal fluff. Because when you feel uncertain, underpaid, or ignored, clarity matters. And empathy matters even more.

Whether you're just starting to doubt your pay, or you're ready to take action, these FAQs address the most common issues New York workers face.

What’s the Difference Between State and Federal Wage Laws

Federal wage protections come from the Fair Labor Standards Act (FLSA). It sets the national minimum wage, requires overtime for hours beyond 40 per week, and governs recordkeeping and child labor. New York builds on that baseline with stronger protections. For instance, New York’s minimum wage is higher than the federal standard, up to $16 per hour in NYC, and offers broader overtime, notice, and recordkeeping rules.

While the FLSA covers most employers involved in interstate commerce, New York law applies to nearly all workers in the state, regardless of who you work for. If state and federal law overlap, the law that benefits you the most applies.

That means if New York statutes allow longer filing periods, higher pay, or harsher penalties on reckless employers, those rules will override federal provisions. You can file under both if needed.

How Long Do I Have to File a Wage Complaint in New York

Time matters—and New York gives workers more of it than most states. Your fundamental deadline for wage claims is six years under NY Labor Law §198(3). That allows you to recover unpaid pay, overtime, or penalties for losses going back a long way.

Compare that to federal time limits: The FLSA gives you two years, three if the violation was willful under FLSA §255(a). That’s still powerful, but shorter-range than New York law. That broader window matters because wage issues can remain hidden for years before they surface.

If you suspect wage theft or miscalculation, even from years ago, it’s still worth checking. New York’s longer statute may allow you to recover money that many hard-working employees assume is lost forever.

Do I Need a Lawyer to Win My Case

You don't always need an attorney to succeed, but having one can make a critical difference. You can file with the New York State Department of Labor on your own. They’ll investigate, request records, and may reach a settlement, often without any fees.

But private lawsuits, especially those involving misclassification, tip credits, or executive exemption issues, are complex. An experienced attorney helps by identifying all potential causes of action, calculating damages, and pushing for faster resolution.

Working with a trusted lawyer can level the field if your employer has legal or HR support. And in many successful cases, attorney fees are recovered so your costs don’t come out of your pocket.

Can I Be Fired for Reporting a Wage Violation

Wage law in New York protects you from retaliation. Under NY Labor Law §215 and the FLSA’s anti-retaliation provisions, it’s illegal for employers to fire, demote, harass, or penalize workers for reporting wage violations. That includes filing a DOL complaint, speaking with counsel, or participating in a class action.

If it happens, additional damages may be available, and the retaliation violation itself can be part of your legal claim. That’s how seriously the law treats workers who defend their rights.

You don’t have to quit over unfair pay, firing someone for reporting wage theft is its own violation.

What If I Was Paid in Cash Without Records

Getting paid in cash without official documentation can make building a claim harder, but not impossible. Under NY Labor Law §195(4) and 29 CFR §516, employers must keep accurate wage records. If records are absent, or incomplete, courts will often accept your personal logs, schedules, time sheets, or testimony.

If you’ve kept notes, phone records, or paycheck stubs, those can help. Even simple calendars, shift assignments, or message threads showing hours you worked often provide enough structure to estimate what you’re owed.

Without records on their end, the burden shifts. And reasonable estimates from employees often carry weight when employers fail to document properly.

What Happens After I File a Complaint

After filing with the New York State Department of Labor, you can expect an investigation. They’ll notify your employer, collect payroll and time records, and may interview both sides. Then they may issue a findings report or guide the case toward a settlement.

If you file a private civil action, either solo or with an attorney, the case may go through discovery, mediation, and possibly court. That path often leads to negotiations, and many cases settle before trial. If it goes to trial, you can recover unpaid wages, liquidated damages, interest, and legal fees.

Either way, filing starts the momentum. Employers typically respond quickly once a formal complaint or lawsuit is submitted.

How New York’s Worker Rights Compare to Those in New Hampshire

New York outpaces New Hampshire in almost every wage protection category. New Hampshire follows federal wage rules with minimal state enhancements. Its tipped minimum wage is lower, statutes of limitations are shorter, and overtime protections are more limited.

In contrast, New York sets higher base wages, enforces strict tip credit notice and recordkeeping laws, allows six years to file, and provides guaranteed doubled damages under NYLL §198(1‑a). Together, those features give New York workers stronger rights and more room to recover.

In New Hampshire, successful wage claims are possible, but often pay out less and require faster action. New York’s protections give employees more space and more leverage.

How Long It Takes to Recover Lost Wages

Timing depends on how you file and how complex the claim is. Department of Labor complaints may take several months to resolve, sometimes longer if employer records are hard to obtain. Private lawsuits typically start moving faster, though they may take a year or more to reach full resolution if trial is needed.

Simple miscalculation cases often settle quickly, especially when employers see the documents and risks. More complex misclassification or tip credit claims can take longer, but often result in significantly higher recovery.

At Horn Wright, LLP, we push to move cases efficiently. We want to recover what you're owed as soon as possible, but thoroughly. That means settlement may happen fast, but you’re not shortchanging recovery for speed.

How Horn Wright, LLP, Can Help You Get Answers and Recover Lost Pay

If you’re left wondering what’s fair, Horn Wright, LLP, is here to help. We’ll listen to your story, review your records, even if you have little documentation, and help you decide whether to file with DOL or pursue private action. Our employment law attorneys know New York wage law. And we know how to connect the dots to recover what's yours.

If you're ready to work with a legal team recognized for protecting employee rights across New York, contact us today.