Wage and Hour Violations

Are you being paid fairly for your work? You might be surprised how often the answer is "no."

Despite New York's strong labor protections, wage theft remains a serious problem. Employers sometimes fail to pay proper overtime, delay paychecks, misclassify employees, or make workers do tasks off the clock.

Not getting paid what you’ve earned? Unsure what your employer is legally required to pay? You may have a valid claim under state or federal law.

What Legally Counts as a Wage and Hour Violation?

There’s more to fair pay than just getting a paycheck. Here are some of the most common ways employers break the law in New York:

• Unpaid Overtime: You must receive time-and-a-half for hours worked over 40 in a week.
• Minimum Wage Violations: New York minimum wage varies by location but must be paid for every hour worked.
• Off-the-Clock Work: It is illegal for your employer to expect you to work before or after your shift, or during unpaid breaks.
• Misclassification: Independent contractors don’t get overtime or benefits. If you’ve been misclassified, you may be owed back pay.
• Tip Theft or Improper Tip Pooling: Tips belong to workers, not management or owners.
• Late or Missing Paychecks: Employers must pay you on time, every pay period.

Wage Theft in the News: Recent Cases in New York

In 2022, Chipotle was ordered to pay over $20 million to New York City employees after repeatedly violating scheduling and overtime laws. And in 2023, Amazon faced enforcement actions for failing to provide adequate break time and underpaying warehouse workers during peak shifts.

These cases aren’t isolated. Across New York State, workers in restaurants, delivery services, healthcare, retail, and other industries face chronic wage violations.

Afraid to Speak Up? You Have Legal Protections!

Many workers stay silent out of fear they'll be fired or punished in other ways for reporting illegal pay practices. But retaliation is illegal. If your employer cuts your hours, demotes you, or fires you after you raise concerns, you may have a strong legal claim for both wage theft and retaliation.

Read: Retaliation Protections for Workers in New York →

What To Do If You Suspect Wage Theft

• Keep Records: Track your hours, pay stubs, text messages, and emails.
• Talk to Coworkers: Violations often affect entire teams, not just one person.
• Consult a Lawyer: A skilled employment attorney can assess whether you have a strong case and help you pursue back pay or other damages.