You do not need to accuse your employer of wrongdoing to ask questions about your pay. You are allowed to raise concerns, request clarification, and expect accurate wages under New York law.
Copy & Paste: A Script You Can Use With HR or Management
You can use this language in an email, text message, or in-person conversation. Keep it calm, factual, and professional.
Start the Conversation
“I’d like to raise a concern about how my wages are being calculated. I want to make sure I’m being paid correctly under New York City and New York State wage laws.”
This signals awareness of your rights without sounding confrontational.
Describe the Issue Clearly (Choose What Applies)
Focus on what is happening, not how it feels.
You might say:
“I’m being paid a tipped wage, but my tips don’t consistently bring me to minimum wage.”
or
“I’m not being paid overtime for hours over 40 in a workweek.”
or
“My time records don’t reflect the actual hours I worked.”
or
“I’m required to perform non-tipped work for extended periods while being paid a tipped wage.”
Stick to facts you can observe or document.
Ask for Review or Clarification
Rather than arguing, ask for an explanation or correction.
“Can you please explain how my pay is calculated and whether it complies with NYC wage requirements?”
or
“I’m asking for a review of my pay records to make sure everything is accurate.”
This gives your employer an opportunity to fix the issue.
Ask for Written Follow-Up
Written communication matters.
“Could you please confirm this in writing or let me know the next steps by email?”
If the conversation happens in person, send a follow-up email summarizing what was discussed.
Why This Approach Protects You
What to Say If HR Pushes Back or Dismisses the Concern
If your concern is brushed off or minimized, stay calm and repeat your request.
You can say:
“I’m not trying to cause a problem. I just want to make sure my pay complies with the law.”
or
“If you’re unable to address this, please let me know who I should follow up with.”
or
“Can you confirm whether this issue has been reviewed?”
Avoid arguing. Let their response speak for itself.
If You’re Worried About Retaliation
It is illegal for an employer to retaliate against you for raising a wage concern, even if they disagree with you.
You can say:
“I also want to confirm that raising this concern won’t affect my schedule, shifts, or employment status.”
If your hours are cut, shifts change, or discipline follows shortly after raising a wage issue, that information matters.
What Not to Say
Avoid language that can escalate the situation or be used against you later.
Do not say:
- “This is illegal.”
- “I’m going to sue.”
- “Everyone says this place steals wages.”
- Emotional or accusatory statements
You can escalate later if needed. The first goal is documentation.
What to Do After You Speak With HR
After raising the issue, take steps to protect yourself.
Save and collect:
- Pay stubs and wage statements
- Work schedules and time records
- Tip records or tip-out documentation
- Emails, texts, or messages about pay
Write down:
- Dates of conversations
- Who you spoke with
- What was said and promised
Keep copies outside of work systems when possible.
If you haven’t already, review:
- Your Know Your Rights checklist
- The Documents to Collect for NYC Restaurant and Bar Wage Claims
- The Common Wage Violations Table
These tools help you understand what may be happening and what evidence matters.
If the Problem Is Not Fixed
If your employer ignores your concern, denies it without explanation, or responds with retaliation, you may have legal options. Wage violations in NYC are common in restaurants and bars, and employees often do not realize they are being underpaid until they speak up.
Getting legal guidance can help you understand whether your pay practices violate the law and what steps you can take to recover unpaid wages while protecting your job.
Get Confidential Help With a Wage Issue
If you believe your employer is not paying you correctly, you do not have to figure this out alone. Lipsky Lowe works with NYC restaurant and bar employees to address unpaid wages, overtime violations, tip credit issues, and retaliation. Contact Lipsky Lowe to discuss your situation confidentially and learn your options under New York law.