New York Lawyer for Employer Wage & Hour Violations

Your Guide to Wage and Hour Rights in New York

New York law is clear: employers must pay workers fairly and on time. Yet wage theft remains one of the most common workplace violations — from unpaid overtime to improper deductions. For hourly workers, losing even a few hours of pay can make the difference in covering rent, groceries, or childcare.

Both state and federal laws protect employees from these practices. If your employer has failed to pay you properly, you have rights and you have options.

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Types of Claims Handled

Workers in New York bring wage and hour claims for many reasons, including:

• Unpaid overtime wages – Not receiving time-and-a-half for hours worked beyond 40 in a week.
  
• Minimum wage violations – Being paid less than the legally required rate for your region.
  
• Off-the-clock work and time shaving – Being asked to work before clocking in, after clocking out, or having hours reduced in payroll records.
  
• Misclassification of employees – Being wrongly labeled as “exempt” or an “independent contractor” to avoid paying overtime or benefits.
  
• Unpaid internships and training – Being asked to perform work without proper pay.
  
• Improper tip pooling or tip theft – Tips taken by managers or unfairly shared with non-tipped employees.
  
• Unpaid meal and rest breaks – Working through breaks without compensation.
  
• Improper uniform or expense reimbursements – Employers failing to cover costs they are legally required to pay.
  

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The Law on Wages and Overtime in New York

Minimum Wage

• New York City: As of January 1, 2024, the minimum wage is $16.00 per hour for most workers. Tipped service and food workers have different cash wage requirements but must still meet or exceed the minimum when tips are included.
  
• Other Regions: In Westchester County and on Long Island, the rate matches NYC at $16.00. In the rest of New York State, it is $15.50 per hour.
  

Overtime Pay

• For most employees, overtime must be paid at 1.5 times your regular hourly rate for hours worked over 40 in a workweek.
  
• It is illegal for an employer to avoid paying overtime by making you work “off the clock” or reclassifying you without notice.
  

Tipped Employees

• Employers may take a limited “tip credit,” but you must still earn at least the minimum wage when tips are added to your hourly rate.
  
• Tip theft — when employers keep any portion of your tips — is unlawful.
  

Other Important Provisions

• Paid Prenatal Leave & Paid Family Leave: Eligible workers may take job-protected leave under New York law.
  
• Child Labor Laws: Protect minors from unsafe or excessive work.
  
• Unpaid Wages: The New York State Department of Labor (NYSDOL) assists workers in recovering wages they are owed.
  

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What to Do If You Haven’t Been Paid Properly

1. Document Everything
   Keep records of your hours worked, pay stubs, schedules, and any communications with your employer. Written proof is the foundation of a strong claim.
   
2. Know Your Rights
   Section 191 of the New York Labor Law requires many workers to be paid weekly. Employers must also pay on time — late payment is unlawful, not just inconvenient.
   
3. File a Complaint
   You may file a claim with the New York State Department of Labor or the federal Department of Labor (DOL). In some cases, you may also bring a lawsuit directly in court.
   
4. Consult a Lawyer
   An attorney can help you calculate the wages you’re owed, explain whether you qualify for additional penalties, and represent you in negotiations or litigation.
   

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What to Consider When Choosing an Attorney

• Experience with New York laws: Wage and hour laws are state-specific. Your lawyer should know New York’s unique requirements, including minimum wage, overtime, and pay frequency rules.
  
• Fee structure: Many employment lawyers take wage claims on a contingency fee basis, meaning they only get paid if you win. Others may work on a flat fee or hourly rate.
  
• Claim type: Some attorneys specialize in class actions for large groups of workers; others focus on individual claims. Choose one who matches your situation.
  
• Reputation: Look for a firm trusted by workers, with positive client feedback and a track record of recovering unpaid wages.
  

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Why Taking Action Matters

Unpaid wages are more than an inconvenience — they are theft. New York law allows workers to recover not only the wages they are owed but also additional damages and penalties in many cases. Employers who break the law can be held accountable, and pursuing your claim can help ensure other workers are not mistreated in the same way.

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Final Thoughts

Since 1999, our firm has represented workers across New York — from hourly employees to top executives — recovering more than $400 million in unpaid wages, benefits, and settlements. With a 4.7-star client rating, we pride ourselves on standing up for employees when employers cut corners or exploit their workers.

If you haven’t been paid what you’re owed, you don’t have to accept it. With the right legal guidance, you can recover your wages, protect your rights, and send a clear message: every hour of your work matters.

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Case Area Detail: Does the Minimum Wage Apply to all Workers in New York? 

State minimum wage laws cover most of the workers in New York, but not all of them. Individuals who work in certain industries, have certain executive or managerial responsibilities, or who are considered not full employees are not included in New York’s basic minimum wage requirements.

For example, individuals who work as independent contractors — e.g. an Uber driver — are not considered “employees” under New York labor law, and are thus not entitled to receive minimum wage.

Here are some of the other special circumstances when individuals working in New York might legally be paid differently from or less than the minimum wage.

Tipped Service Employees

Employers in service industries where tips are available may pay workers less than the established hourly wage, provided the minimum rate is reached when cash tips are included.

For instance, food service workers in New York City can receive up to $5 of the required $15/hour minimum in the form of a cash allowance paid out by the restaurant’s tips.

For non-food service employees, only $2.50 per hour of the mandatory $15 minimum can be covered by tips.

Depending on the industry, the size of the company, and where in New York state it’s located, certain employers may also have other, more specific regulations for the breakdown of wages vs. tips that can be paid.

Executives, Administrators, Professionals

New York’s minimum wage laws don’t apply to executive, administrative, or professional employees who receive a salary that is 75 times the state minimum wage.

This might seem a little redundant — if someone’s receiving 75 times the minimum wage annually, why include them in the exemption to these wage laws?

For workers in these kinds of white collar jobs, what’s really at stake is overtime pay — a different kind of wage violation that can still very much impact even salaried employees (more on that further on). 

Outside Salespersons

An outside salesperson is an adult worker (18 years or older) who “customarily and regularly works more than half the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for products, services, or use of facilities.” 

The “employer’s place of business” doesn’t have to be an office owned by the salesperson’s company, just any fixed location. It can even include the salesperson’s own home, if that’s where they otherwise fulfill their other responsibilities — e.g. preparing orders, talking to customers on the phone, mailing products or advertisements.

Outside salespersons of this type — who spend their time going door-to-door, or visiting customers’ businesses — can be exempt from minimum wage laws, provided certain requirements are met. 

For the outside salesperson exemption to apply, not only must more than half the employee’s time be spent away from the place of business, but they must also be conducting sales-related tasks during that time.

Sales tasks could include meeting with customers outside of the office, soliciting potential advertisers, or conducting promotional work outside of their place of business. 

Volunteers, Learners, Apprentices

Anyone working in a volunteer capacity, as well as in a formal apprenticeship with the aim of gaining vocational experience, is also not entitled to receive the minimum wage. 

Other Industry Exceptions

Individuals in New York who earn money in the following ways are also not covered by the state’s minimum wage requirements:

• Taxicab drivers
• Government employees (certain non-teaching employees may be covered)
• Part-time babysitters
• Ministers and members of religious orders

Additionally, for some other workers — such as home care aides — New York state actually mandates a minimum wage rate that is higher than the basic employee rate. A full list of the industry-specific “wage orders” and their particular regulations and exceptions can be found on the New York DOL’s website.

How Can I Get Help for Wage Violations in New York?

The most common way that employers violate New York’s wage laws is simply by not paying their employees the legally required minimum wage for their industry, geographic location, or employment status. But failure to pay the minimum wage isn’t the only way that New York employers cheat their workers out of their earned compensation. 

Here are three ways that your employer might be violating your right to fair pay:

1. Withholding overtime: Many employees falsely believe that only hourly, non-salaried workers can receive overtime pay. Unfortunately, even though this is not true, some employers will exploit the misconception in order to avoid paying certain employees the time-and-a-half pay they deserve for extra work. In actuality, certain white collar workers — such as administrative staff, “inside” sales workers, and IT workers — don’t meet the legal requirements for exemption from certain FLSA benefits, including overtime legally considered qualify.
2. Meal and rest breaks: New York labor law entitles employees to unpaid mid-shift breaks for resting and meals: usually to the order of 30 minutes off for every six hours worked. If your boss refuses to let you take your allotted breaks at the designated times, that’s also an illegal wage violation.
3. Misclassifying employees: Employers also violate the law when they classify workers incorrectly in order to avoid paying them minimum wage or granting other benefits. For instance, a restaurant in Manhattan might wrongfully claim that all of its dishwashers are technically independent contractors, which would mean that they are not subject to minimum wage or overtime pay, even if they’re working over 40 hours per week.  

Any of these behaviors can be considered an illegal wage violation — and a sign to contact an employment lawyer. Wage violations can and do happen to all workers, from financial professionals to hourly food service workers.

Contact an Employment Lawyer for Assistance

An employment attorney familiar with New York’s labor codes can assess your situation and ensure you have the resources you need to make a case that your rights have been violated.

An experienced lawyer can mediate your dispute with an employer and guide you through the process of getting restitution.

Since 1999, Ottinger Employment Lawyers has been helping New York employees across industries and skill levels get the financial compensation they’re owed for wage violations.

If you work in New York and are having issues with unpaid compensation, contact our office today to set up a consultation with one of our attorneys.

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We Have Helped Thousands of People Recover Millions in Overtime Pay

Our lawyers have a track record of success against companies of all sizes, from Goldman Sachs to local restaurants.

We handle all overtime pay cases as class or collective actions on a contingent fee basis, which means there is no fee until we win the case.

Our New York Overtime Lawyers have recovered millions in unpaid overtime and penalties. We recently recovered $5.4 million for employees of a large financial firm in New York City.

Below is list of positions that commonly encounter overtime violations:

• Information Technology (IT) Workers
• Restaurant Workers – Waitresses, Bartenders & Hostesses
• Hotel Managers, Security, Building & Grounds Service Workers
• Financial Industry Workers (Investment Bankers, Hedge Fund Managers, Banking Professionals)
• Nursing Home Aides and Home Health Care Workers
• Retail & Drug Store Staff
• Cleaning Contractors and Janitorial Services
• Doctors’ Offices
• Administrative Staff
• Field Service Workers
• Inside Sales
• Apparel and Textile Manufacturing
• Grocery Stores
• Residential Construction

If you hold one of these positions and suspect that your rights have been violated, please call our New York overtime lawyers at (347) 492-1904 to see if you have a case. If you work OT hours, you deserve OT pay.

These are all examples of professionals who have fallen victim to not getting their overtime pay for one reason or another.

Our New York overtime lawyers understand the nuances and details of the labor laws that govern overtime pay.

As New York overtime attorneys, we dive deep into the records to find evidence of labor code violations.

Listed below are examples of cases our New York overtime lawyers handle:

Keeping Incomplete Time Records or Even None at All, Making it Difficult to Determine the Hours Worked

An example of this would be if an employee is paid $600 a week as salary and works a work schedule of 40 hours a week, the employee’s overtime rate of pay is computed by dividing $600 by 40.

Thus, for each hour of overtime over 40 hours a week, the employee is entitled to receive 1.5 times $15.00, which equals $22.50 an hour.

Paying “Straight Time” Wages for Overtime Hours Worked

Overtime for salaried employees is often called “straight-time.”

It is the incentive of earning extra pay for each hour worked beyond the normal work week — in addition to a fixed salary.

Deducting Employee’s Pay for Breaks That They did not Take is Definitely Another Way to Cheat Your Employee Out of Their Overtime Pay

For instance, employees do not get the benefit of the full meal break and are not paid for the time. This in turn becomes an automatic-deduction policy and you lose your overtime pay.

Seems a bit illegal, don’t you think?

Our New York overtime lawyers think so and are fighting for employees and their overtime pay.

Paying Only a Salary, Just Because You are Paid a Salary Does not Mean That You are not Entitled to Overtime Pay in Accordance with Overtime Laws

The definition of salary though, doesn’t explain how one employee can be paid on a salary basis and not be entitled to overtime pay.

Meanwhile, another employee paid on a salary basis can have a legally enforceable right to NY overtime pay. As it turns out, the right to overtime does not depend upon salary basis. It depends upon a position’s exempt status.

To dig deeper regarding EXEMPT status, you must meet the following requirements according to the Fair Labor Standard Act (FLSA):

• The position is paid on a salary basis; and
• The position is paid a minimum of $455 per week; and
• The duties of the position satisfy either the executive duties test, the administrative duties test, or the professional duties test.

Giving a Worker a Title Such as “Manager,” “Supervisor,” or “Foreman” and Claiming That He or She is not Protected by FLSA Overtime Requirements Requiring Workers to Perform Work “Off the Clock”

Time spent doing work not requested by the employer, but still allowed, is generally hours worked.

Since the employer knows the employees are continuing to work and the New York employer is benefiting from the work being done, this time is commonly referred to as “working off the clock.”

If you believe that you have an off the clock case, call our New York overtime lawyers for a consultation at (347) 492-1904.

Refusing to Pay Overtime Wages to Workers Who are Paid Partially or Entirely Through Commissions, or not Including Commission Wages in the “Regular Rate”Paying “Comp Time” or Compensatory Time Off Instead of Overtime Wages

Some employers adopt a policy of giving their employees “comp,” time — an hour off at some later date for every extra hour worked — instead of paying them overtime pay.

These policies are illegal under federal law.

Employees lose their overtime pay that they are entitled for working more than their set number of hours and their employers get away without having to pay.

Failing to Pay Overtime Wages for Time Spent Traveling Between Job Sites

Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must be counted as hours worked.

Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee’s workday.

The time is not only hours worked on regular working days during normal working hours but also during corresponding hours on nonworking days.

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