Start Here (You Can Do This in 5 Minutes)
If something happened recently, begin with what you can access right now.
☐ Take screenshots of your most recent schedule
☐ Screenshot your latest pay stub
☐ Write down yesterday’s start and end times
☐ Save any texts or messages from your manager
☐ Back everything up to a personal email or cloud account
You do not need all the documents at once.
Quick Self-Check — Does This Sound Familiar?
You do not need legal language to recognize when something is off at work. Many restaurant and bar workers notice patterns like these before they know what rights apply.
☐ You regularly work long days without extra pay
☐ Managers or supervisors take part in tip pools
☐ Your schedule changes with little notice
☐ Your hours drop after you ask questions about pay or leave
If any of these feel familiar, saving records now can help protect you later.
General Employment Documents
These records help show who you are, who you worked for, and what you were told about your pay. You do not need to collect everything below. Focus on what applies to your situation.
☐ Government-issued ID
☐ Social Security card or Social Security number
☐ Full legal name of the business
☐ Business address and phone number
☐ Names of owners and managers
☐ Pay stubs showing hours, rates, and wages
☐ Written Notice of Pay Rate (LS-54 or LS-55)
☐ Employee handbook or written workplace policies
Why this matters: These documents establish the basics of your employment relationship and are used in almost every type of claim.
If you do not have this: Pay stubs, schedules, or even photos of workplace postings can often fill in gaps.
Wage Theft and Minimum Wage Issues
If your pay does not match your hours, or you were paid late, short, or inconsistently, your own records can be meaningful.
☐ Personal work log with start times, end times, and breaks
☐ Copies or photos of bounced or unpaid checks
☐ Cash payment log with dates, amounts, and who paid you
☐ Texts or messages confirming cash payments
☐ Records of uniform, shoe, tool, or breakage deductions
Why this matters: When employer records are inaccurate or missing, personal logs can help show what actually happened.
If you were paid in cash: Handwritten notes still matter. Write things down as close in time as possible.
Tip Violations (Tip Credit & Tip Pooling)
Tip-related claims often depend on patterns, not one bad shift.
☐ Daily record of tips actually received
☐ Pay stubs showing reported tips
☐ Notes showing differences between tips earned and tips paid
☐ Records of time spent on cleaning, prep, or other non-tipped work
☐ Notes identifying managers or ineligible staff included in tip pools
Why this matters: If too much time is spent on non-tipped work or managers share tips, tip credits may not be allowed.
If schedules or duties changed: Photos, notes, or co-worker confirmations can help.
Overtime and Spread of Hours Pay
Many restaurant workers miss pay they are entitled to under New York City rules.
☐ Weekly time cards or hour summaries
☐ Screenshots of clock-in systems
☐ Records showing days worked over 10 total hours
☐ Proof of start and end times for long shifts
Why this matters: NYC requires extra pay when your workday stretches long, even if you are paid hourly.
Fair Workweek Law (Fast Food Workers Only)
This applies to fast food chains with 30 or more locations nationwide.
☐ Photos or screenshots of posted work schedules
☐ Screenshots of last-minute schedule changes
☐ Messages from scheduling apps or managers
☐ Records showing unpaid premium pay for:
- Schedule changes with under 14 days’ notice
- “Clopening” shifts with less than 11 hours between shifts
- On-call shifts
Why this matters: These rules are about predictability. Sudden changes can trigger additional pay.
Paid Safe and Sick Leave
Paid leave issues often connect to retaliation concerns.
☐ Pay stubs showing sick leave accrual and balances
☐ Records of sick or safe leave requests
☐ Texts or emails denying leave requests
☐ Notes showing reduced hours or discipline after requesting leave
Why this matters: New York City law protects your right to use sick and safe leave for yourself or family members.
Worried About Retaliation?
Retaliation After You Spoke Up
If something negative happened after you asked about pay, leave, or working conditions, timing matters.
☐ Write-ups or disciplinary notices
☐ Schedule reductions or changes
☐ Termination or suspension notices
☐ Copies of complaints or requests made before the change
Why this matters: Retaliation can be a separate violation, even if the original issue is still being investigated.
Records That Help in Almost Every Situation
Some documents are useful no matter what type of employment issue you are dealing with. These often help connect details and show patterns over time.
☐ Saved texts, emails, or WhatsApp messages with management
☐ A list of coworkers who witnessed the same issues
☐ Contact information for those coworkers
Even informal records can help. If you are unsure what matters, keep it.
When It May Help to Talk to a Lawyer
You do not need to be certain before reaching out. It may help to talk to a lawyer if any of the following apply:
☐ You were never given pay notices or pay stubs
☐ You were paid mostly in cash
☐ Management took tips or controlled tip pools
☐ Your hours changed after you raised concerns
☐ You were fired or pushed out
At Lipsky Lowe, we help NYC restaurant and bar workers review what they have, understand where it fits under the law, and decide next steps at their own pace.