At Lipsky Lowe, we believe every NYC worker deserves fair pay and respect in the workplace. Unfortunately, wage and hour violations are common, from withheld overtime pay to illegal deductions, leaving hardworking individuals under-compensated. If you’re facing issues with unpaid wages, misclassification, or retaliation, our experienced team is here to stand up for your rights and ensure you receive every dollar you’ve earned. Contact us today to get started with an aggressive wage-and-hour attorney.
Minimum Wage Violations in NYC
New York has specific minimum wage laws designed to ensure fair pay, with rates that can differ based on the location and size of the employer. In NYC, the minimum wage is $16/hour, and it is slated to rise to $17/hour by the end of 2027.
- Tipped workers–For those in hospitality and service roles, a tip credit system allows employers to pay below the minimum wage as long as the employee’s tips make up the difference. The employer must make up the shortfall if tips don’t cover the minimum wage.
- Exceptions–Certain industries or roles have specific rules; for instance, youth employees or students may have different wage structures. However, employers must strictly follow these guidelines and cannot underpay based on these conditions alone.
Violations of minimum wage laws are common but addressable. Employees who suspect they are underpaid based on New York’s minimum wage should consult an experienced attorney to understand their options.
Overtime Violations and Misclassification
Under federal and state laws, non-exempt employees in NYC are entitled to overtime pay at 1.5 times their regular rate for any hours worked beyond 40 hours a week. However, employers sometimes attempt to avoid paying overtime by misclassifying workers.
- Exempt vs. Non-Exempt: Certain employees, such as salaried professionals or executives, may be exempt from overtime pay. However, many employees are incorrectly labeled “exempt” to deny overtime.
- Common Misclassification Tactics: Some employers label employees as “independent contractors” or “managers” without meeting the legal requirements. This classification prevents them from receiving overtime despite working beyond standard hours.
If you’re working long hours without receiving overtime pay, misclassification may be at play. Employees should consult Lipsky Lowe to ensure they are correctly classified and compensated.
Unpaid Commissions and Bonuses
Many NYC employees earn part of their income through commissions, bonuses, or other incentive-based pay. If you have a written or verbal agreement that outlines your entitlement to additional compensation, your employer must honor it.
- Types of Unpaid Compensation: Unpaid bonuses, commissions, or other incentives often arise when employers withhold payments, citing budget cuts or unmet sales quotas that don’t align with prior agreements.
- Steps to Take: If you believe you’re owed additional compensation, gather any documentation (emails, contracts, etc.) that supports your claim. This can help reinforce your position in a dispute.
Employees are entitled to receive every dollar they’ve earned. If your employer hasn’t paid bonuses or commissions, you must take action to recover what you’re owed.
Retaliation Protections for Wage Complaints
New York laws protect employees who come forward to report wage violations. If you’ve been denied pay and decide to speak up, it’s illegal for your employer to retaliate against you.
- Forms of Retaliation: Common examples of retaliation include firing, demotion, unfair work schedules, or other adverse changes in employment. Retaliation can be subtle or direct, but it’s always illegal.
- What to Do if Retaliation Occurs: Document every interaction with your employer, including any changes in your job duties or communication following your complaint. This documentation can support a retaliation claim.
Employees have protections in place to report violations without fear. If you suspect retaliation, consulting with an attorney can help you defend your rights.
How Lipsky Lowe Can Help
At Lipsky Lowe, we have comprehensive knowledge of wage and hour laws and are dedicated to protecting employees’ rights. Our team has extensive experience handling wage and hour claims in individual and class actions and a proven track record of success in achieving settlements and jury awards. Don’t let wage violations go unchallenged. Contact us for a consultation today, and take the first step toward protecting your rights.