Unpaid wages can create financial strain and stress for employees. If you find yourself in a situation where your employer refuses to pay you in New York, an experienced employment attorney can advise you on your rights and the legal avenues available to seek recourse.
In New York, unpaid wages encompass more than just an employee’s hourly or salaried income. Unpaid wages also include failure to pay overtime and tips, making payments below the minimum wage, and requiring off-the-clock work.
The Wage Theft Prevention Act (WTPA) protects employees in New York from wage theft. Wage theft occurs when an employer does not fully pay an employee for the work the employee has performed. Enacted in 2011, the WTPA requires that all private employers provide employees written notice of:
Further, the WTPA requires employers to furnish wage statements (or paystubs) to their employees on the day of payment. To comply with the law, the wage statement must state:
The WTPA ensures transparency and empowers workers to recognize and challenge any discrepancies in their compensation. Employers failing to comply with the WTPA face civil penalties, interest, and damages, on top of the employee’s unpaid wages.
It’s critical to be aware of the statute of limitations when pursuing unpaid wage claims in New York. Generally, employees have six years to file a claim for unpaid wages in New York.
If your employer refuses to pay you in accordance with the law, consider the following steps to best position yourself for recovery of your unpaid wages:
New York law protects employees from retaliation for asserting their rights under wage and hour laws. If you take steps to recover your unpaid wages, your employer cannot retaliate against you. If you face adverse actions such as termination, demotion, or harassment after taking such steps, you may have a retaliation claim against your employer, in addition to a wage theft claim.
If you find yourself facing unpaid wages in New York, remember that you have rights and legal avenues for recourse. Contacting an employment attorney can provide guidance tailored to your situation. For further guidance on wage theft and other employment-related issues, reach out to a member of our team for next steps.