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Wage theft isn’t always apparent—but it happens every day in New York City. From construction sites to coffee shops, workers across industries find themselves underpaid, shorted on overtime, or denied their rightful tips. Sometimes it’s an honest mistake. Other times, it’s a deliberate attempt to cut costs at your expense.
Regardless of how it happens, wage theft is illegal—and New York offers strong protections to help workers fight back. Whether you’re paid in cash, on the books, or off, you have rights. This blog breaks down what wage theft looks like, how state laws protect you, and what you can do if you’re not getting paid what you’ve earned.
What Is Wage Theft?
Wage theft refers to any situation where an employer fails to pay you the full wages you’re legally owed. It happens more often than people think—especially in low-wage industries, where workers may feel pressured not to speak up.
Here are some common examples of wage theft:
- Unpaid overtime after 40 hours of work in a week
- Being paid below the minimum wage
- “Off-the-clock” work, like staying late after clocking out or prepping before your shift
- Misclassification as an independent contractor instead of an employee
- Tip theft, where management keeps or unfairly distributes tips
- Illegal deductions from your paycheck for things like uniforms or mistakes
It doesn’t matter if you’re paid hourly, salaried, tipped, or freelance. If you’re doing work and not getting fully compensated, you may be experiencing wage theft. And yes, undocumented workers are protected under New York law, too.
New York Wage Theft Prevention Laws
New York has some of the strongest wage protections in the country. The Wage Theft Prevention Act (WTPA) requires employers to provide employees with clear information about their pay and to follow strict rules when it comes to documentation and payment.
Under the WTPA:
- Employers must give you a written notice of your pay rate, how you’re paid (hourly, salaried, etc.), and how often
- You must receive detailed pay stubs with each paycheck showing hours worked, rates, and deductions
- Employers who violate these rules may owe liquidated damages—usually 100% of unpaid wages, plus interest
- Retaliation is illegal—your boss can’t punish you for raising concerns about your pay
In many cases, NYC law goes even further than state or federal protections, especially for fast food, restaurant, and domestic workers. If your employer isn’t following the rules, you may have the right to recover significantly more than just your missing wages.
How to Tell If You’re Being Underpaid
Some wage violations are subtle. Others are easier to spot. Here are signs that something might be wrong:
- Your paycheck doesn’t reflect all the hours you worked
- You never see overtime pay, even when you work over 40 hours
- Your pay stubs are missing—or don’t make sense
- You’re being paid only in cash, with no written record
- You’re expected to clock out, then finish tasks
- Your employer makes you pay for supplies, uniforms, or breakages
If any of this sounds familiar, start keeping a log of your hours, tips, and duties. Write things down as soon as possible—your notes could make all the difference.
What You Can Do & How an Attorney Helps
If you believe you’re being underpaid, don’t wait too long to act. Here’s what you can do:
- Save all pay stubs, schedules, and any messages about your hours or wages
- Track your hours—even handwritten notes are better than nothing
- Speak to HR or a supervisor if you feel comfortable doing so
- Talk to an employment lawyer for a confidential review of your case
At Lipsky Lowe, we represent workers across New York City in wage theft cases. We’ll help you figure out if your rights have been violated and take action to recover what you’re owed—whether that’s through a quiet settlement or a formal legal claim.
You don’t need to have everything perfectly documented to get help. The most important thing is to ask questions and get support early.
Talk to a NYC Wage and Hour Attorney Today
Worried about wage theft? Contact Lipsky Lowe LLP today for a free, confidential consultation. We’ll help you understand your rights and fight for what you’re owed.