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With decades of experience advocating for employee rights, the legal team at LFJ understands the challenges that wage theft creates. The experienced lawyers at LFJ remain committed to delivering justice while securing the compensation NYC workers deserve. Regardless of the type of workplace injustice, the attorneys at LFJ stand ready to guide employees through every stage of the legal process and hold employers accountable for unlawful actions.
The firm operates on a contingency fee basis, meaning clients do not pay any legal fees until the case is wonCall us at 516-JUSTICE or visit the online contact form today.
NYC Wage Theft Laws
Employees in New York City are protected by both the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). However, New York Labor laws provide even broader rights for workers, ensuring minimum wage compliance, overtime pay, meal and rest breaks, and protection from illegal deductions.
Under NYLL §652, New York’s minimum wage is currently $16.50 per hour as of January 2025 and employers are prohibited from paying below this rate, regardless of federal minimums. For overtime pay, New York City employers are required to pay 1.5 times the employee’s regular rate of pay for all hours worked over forty in a week, unless a valid exemption applies.
Should any employer violate the state’s wage laws then according to NYLL §662, they will not only be subjected to lawsuits, but can be fined anywhere between $500 to $20,000 and/or imprisonment up to one year. While the punishment will vary on a case by case basis, as well as the severity of the violation, employees have the right to file a claim for any wage based injustices.
Common Wage Theft Claims in NYC
Despite clear labor laws, wage theft remains alarmingly common across New York City. Some employers misclassify workers as “exempt” from overtime to avoid paying higher rates, while others pressure employees to complete tasks “off the clock” without compensation. These unlawful practices are especially prevalent in the restaurant and hospitality industries, where overtime is frequently necessary to meet the demands of the business.
In addition, tip theft is a major concern. Although NYLL §196 strictly prohibits employers from demanding or accepting any portion of an employee’s tips, many tipped workers continue to experience improper pooling or even outright confiscation of gratuities.
Employees are also entitled to timely and regular pay. NYLL §191 requires manual workers in NYC to be paid weekly, and most other workers must be paid at least semi-monthly. Employers who delay or withhold checks can be held accountable. Wage violations are not limited to low-wage industries, in fact white-collar employees, healthcare workers, and even finance professionals in Manhattan can all face misclassification or unpaid overtime schemes. Workers who encounter workplace injustices are strongly encouraged to consult with a skilled NYC employment attorney.
Why You Need a NYC Wage Theft Lawyer
While the law provides strong protections, enforcing those rights often requires professional assistance. Employers may deny violations, alter records, or intimidate workers from pursuing claims. A skilled NYC wage theft lawyer has the experience to investigate pay practices, subpoena time records, and build a strong case under both the FLSA and NYLL.
An attorney can also ensure compliance with the statute of limitations. Under NYLL §198(3), employees may generally recover unpaid wages for the six years preceding a claim, compared to only two to three years under the FLSA. The longer period substantially increases the potential recovery available.
Most importantly, a New York employment lawyer can protect you from retaliation. NYLL §215 makes it illegal for employers to fire, demote, or otherwise punish employees for asserting wage rights. Although employees may pursue a claim independently, doing so is discouraged, as the likelihood of failing to recover the full amount owed increases significantly.
Types of Recoverable Compensation
Victims of wage theft in New York City may be entitled to recover more than just lost wages. In many cases, workers can obtain back pay for unpaid regular wages, overtime pay, and misappropriated tips. Beyond that, New York law often allows for liquidated damages, which means employees can recover an additional amount equal to their unpaid wages, essentially doubling the compensation.
Victims may also be entitled to interest on unpaid wages, late payment penalties, and coverage of attorney’s fees and legal costs. Such remedies ensure full compensation for the financial harm endured and deters employers from continuing unlawful practices.
If a worker is owed $10,000 in unpaid overtime, they could recover an additional $10,000 in liquidated damages, plus interest and costs, making the total significantly higher. Workers who are uncertain about the recoverable value of a claim are encouraged to consult with an experienced NYC wage theft lawyer for a clearer understanding of their situation.
What to Do If You Are a Victim of Wage Theft
When unfair pay is suspected, the first step is to gather documentation. Workers should save pay stubs, schedules, time cards, and any communications that reference hours or wages. Even if an employer alters official records, a personal log of hours worked can serve as valuable evidence in a legal claim.
The next step is to consult with an experienced employment lawyer before filing a complaint. Although claims may be submitted to the New York State Department of Labor, many cases are more effectively pursued through direct legal action. A lawyer can determine the best strategy, calculate damages under NYLL §198, and file suit to maximize recovery.
It is important to act quickly, as wage and hour claims are subject to statutes of limitations. Waiting too long can reduce or eliminate a worker’s ability to recover unpaid wages. By taking immediate steps and seeking legal help, workers can protect both their financial well-being and their rights as a worker.
Lawyers for Justice, P.C. Can Help
Lawyers for Justice, P.C., understands how devastating wage theft can be for New Yorkers who depend on their paychecks to cover rent, food, transportation, and childcare. The attorneys at LFJ have represented clients from all walks of life, from restaurant servers in Queens who had tips stolen, to construction workers in Brooklyn misclassified as contractors, to retail staff in Manhattan subjected to illegal paycheck deductions.
Due to the firm’s dedication to holding those responsible accountable for their actions, the legal team at LFJ uses a proven track record and the power of New York Labor Law to recover stolen wages and secure penalties for wrongdoing. With years of experience in employment litigation, the firm has the knowledge and resources to stand up against both small businesses and large corporations. If a worker’s employer engaged in wage theft, they should call LFJ today for a free and confidential consultation.
The firm operates on a contingency fee basis, meaning clients do not pay any legal fees until their case is won Call 516-JUSTICE or use our online contact form today!
