Addressing Wage Theft in NYC: Legal Remedies for Unpaid Wages

Wage theft is a widespread problem in New York City, depriving workers of the pay they’ve rightfully earned. Employers may withhold wages, fail to pay overtime, or misclassify employees to avoid providing fair compensation. Not only is this unethical, but it’s also illegal. Understanding your rights and the legal options available can help you take action and recover the wages you deserve.

What is Wage Theft?

Wage theft happens when employers fail to pay workers what they are legally owed. This can include not paying for overtime hours, misclassifying workers to avoid paying overtime, or paying less than the minimum wage. The problem can occur in any industry, but it is particularly common in fields such as construction, hospitality, and retail.

Common Forms of Wage Theft

The most common types of wage theft include:

• Unpaid overtime: If you work more than 40 hours a week and are not paid the required overtime rate (1.5 times your regular rate), your employer is committing a crime.
• Minimum wage violations: The minimum wage in NYC is higher than the federal standard. If your employer is paying you below the required amount, they are breaking the law.
• Misclassification: Some employers wrongly classify employees as independent contractors to avoid paying benefits or the proper wages.
• Off-the-clock work: Employers may ask employees to work off the clock, meaning they are not paid for the hours worked.

What Can You Do About It?

If you suspect wage theft, there are steps you can take to recover your unpaid wages.

• Keep accurate records: Document all the hours you work, including any overtime. This will help support your case if you decide to take legal action.
• Talk to your employer: Sometimes, the issue is the result of an error. If you feel comfortable, you can try discussing the issue with your employer to see if it can be resolved without legal action.
• File a ocmplaint with the Department of Labor: You can file a wage theft complaint with the New York State Department of Labor. They will investigate the issue and take action if your employer is found to be in violation of labor laws.
• File a lawsuit: If the issue is not resolved through complaints or discussions with your employer, you may need to file a lawsuit. You may be entitled to recover back pay, penalties, and even damages for the stress caused by wage theft.

Why You Need Legal Help

Navigating wage theft claims can be complicated. Employers often have legal teams to defend them. Proving they are doing something wrong requires solid evidence. An experienced attorney can help you gather the necessary documents, file a claim, and pursue the compensation you deserve.

If you are facing wage theft in New York City, don’t wait to take action. The longer you wait, the harder it may be to recover your wages. Consulting with an attorney can give you a clear understanding of your options and ensure your rights are protected.

For legal assistance with wage theft or other employment-related issues, contact Borrelli & Associates P.L.LC. Our team is dedicated to helping workers recover their unpaid wages and hold employers accountable for violations.