Minimum Wage and Overtime Violations
Many employers pay their workers fairly, but there are a surprising number of employers that fail to comply with federal and state wage and hour laws.
Employers that engage in wage theft use a variety of strategies to avoid paying their workers for all hours worked or at time-and-a-half rates for overtime. These tactics include clocking workers out of time recording systems but requiring them to continue working, taking illegal deductions, or giving employees a flat fee for the entire day regardless of how many hours they worked.
The federal minimum wage is currently $7.25 an hour and the New York minimum wage is currently $8 an hour (with only a few exceptions including tipped employees).
If you have not been paid at least this amount for all hours worked during a workweek, or were not paid overtime when you worked more than 40 hours during a workweek, you may have a wage claim (unless one of the limited exceptions apply).
New York's state labor law has a particularly long statute of limitations of six years that: (1) enables former employees a long window of opportunity to decide to make a claim; and (2) means that long-time employees subjected to wage theft may seek potentially large awards of unpaid wages covering several years.
Employees complaining of wage and hour violations often combine their claims to take employers engaging in wage theft on as a group (a class action or collective).