NYC Wage & Hour Attorneys

New York employees are generally entitled to time-and-a-half pay for hours worked over 40 in a week.

Common overtime violations include:

• Failure to pay time-and-a-half
• Misclassifying salaried employees as “exempt”
• Flat-rate day pay schemes
• Piece-rate pay violations
• Paying “comp time” instead of overtime (illegal in the private sector)
• Off-the-clock work before or after shifts

Being paid a salary does not automatically eliminate overtime eligibility. Misclassification is one of the most litigated wage issues in New York.

Employers sometimes misclassify workers to avoid overtime, taxes, and benefits.

Common Misclassification Issues

• 1099 independent contractor vs. W-2 employee
• Gig workers and freelancers
• Construction industry misclassification
• Delivery drivers and rideshare drivers
• Startup and tech worker misclassification

Improper classification can entitle workers to back wages, overtime, liquidated damages, and penalties.

New York’s hospitality industry generates significant wage litigation, particularly involving:

• Tip pooling violations
• Tip credit violations
• Spread-of-hours pay violations
• Service charge vs. gratuity misrepresentation
• Managers improperly sharing in tips

Restaurants, bars, catering companies, and hospitality employers must strictly follow New York’s tip credit rules. Violations often result in substantial liability.

We frequently represent restaurant and hospitality workers throughout NYC in wage theft and tip credit violation claims.

Prevailing wage disputes are especially common in:

• Construction
• Government contracts
• Public works projects

Contractors on public projects must pay legally mandated prevailing wages and benefits. Failure to do so may result in significant back pay obligations and penalties.

Our wage and hour practice spans industries including:

• Restaurants and hospitality
• Construction and public works
• Healthcare workers and home health aides
• Retail employees
• Delivery drivers
• Tech and startup employees
• Domestic workers
• Building service workers

Wage violations occur across all sectors — from small family-owned businesses to major corporations.

In successful wage cases, employees may recover:

• Back pay for unpaid wages
• Overtime premiums
• Liquidated damages (often doubling the unpaid wages)
• Interest
• Attorneys’ fees and costs
• Statutory penalties

In willful violations, damages can increase substantially.

It is illegal for an employer to retaliate against an employee for asserting wage rights.

Retaliation may include:

• Termination
• Demotion
• Reduced hours
• Harassment
• Threats related to immigration status

New York law provides strong retaliation protections. Employees may recover additional damages if retaliation occurs.

Deadlines vary by law:

• FLSA (Federal Law): 2 years (3 years for willful violations)
• New York Labor Law: 6 years
• Retaliation Claims: Separate and often shorter deadlines may apply

Acting quickly preserves evidence and strengthens your claim.

For employers, compliance is critical. Wage claims can result in class actions, collective actions, government investigations, and substantial financial exposure.

We assist employers with:

• Internal wage audits
• Exempt vs. non-exempt classification review
• Independent contractor analysis
• Payroll system compliance
• Defense against Department of Labor investigations
• Defense against wage and hour lawsuits

Proactive compliance reduces the risk of costly litigation.

What qualifies as unpaid overtime in New York?

Failure to pay time-and-a-half for hours over 40 per week for non-exempt employees.

Can salaried employees receive overtime?

Yes. Salary alone does not determine exemption status.

What is the minimum wage in NYC?

Minimum wage varies by employer size and industry and is set under New York Labor Law.

How are tipped employees paid in New York?

Employers may take a tip credit, but strict rules apply regarding tip pooling and minimum wage guarantees.

What damages can I recover in a wage lawsuit?

Back wages, liquidated damages, interest, attorneys’ fees, and penalties.

Can I file a claim anonymously?

Certain administrative complaints may allow limited confidentiality, but litigation typically requires disclosure.

How long does a wage case take?

It depends on complexity, number of employees involved, and whether the case proceeds as a collective or class action.