Too many New York City workers put in long hours without being fairly paid. Whether you’re working in an office, waiting tables, handling deliveries, or freelancing under tight deadlines, it’s common to feel uncertain about what you’re owed—and how to ask for it. If you’re hesitant to bring up your pay, you’re not alone. But getting the compensation you deserve doesn’t have to be intimidating.

This page offers practical steps to help you speak up for yourself and get paid what you’ve earned. And if your employer isn’t responsive—or worse, retaliates—Lipsky Lowe LLP is here to help. We advocate for workers across NYC in wage and hour disputes and offer confidential consultations to review your options. Get started with an experienced NYC wage-and-hour attorney today.

Understand Your Rights First

Before you talk to your employer, it’s important to know what the law says about your pay. In New York City, both state and federal laws protect your right to fair compensation. These rules apply across industries—whether you’re waiting tables, working in an office, driving for an app, or freelancing on a contract.

Here are some key wage protections to keep in mind:

  • Minimum Wage – NYC’s minimum wage is higher than the federal rate. As of 2024, it’s $16.00 per hour, with no exceptions based on tips or job title.
  • Overtime Pay – Most employees must receive 1.5 times their regular rate for hours worked over 40 in a week. Some workers wrongly classified as exempt may still be entitled to overtime under state law.
  • Spread of Hours Pay – If your workday spans more than 10 hours, even with breaks in between, you may be owed an extra hour of pay at the minimum wage rate.
  • Tip Credit and Tip Pooling Rules – Employers can’t misuse tips to meet wage requirements. Tip credits must follow strict rules, and tip pooling must exclude managers and certain staff.
  • Freelancer Protections – NYC’s Freelance Isn’t Free Act gives freelancers the right to a written contract, on-time payment, and protection from retaliation.

Knowing which of these rules applies to your situation helps you make a stronger case if your employer fails to compensate you fairly. 

Preparing to Talk to Your Employer

Before raising the issue of pay, it’s wise to gather documentation. Start by tracking your hours, especially any time spent working off the clock—answering emails, setting up for a shift, or staying late without approval. Keep your pay stubs and any communications related to your wages or schedule.

Next, do some research. What’s the typical pay for your position in NYC? Are other people in similar roles making more? If you’re a tipped worker, are you being asked to share tips with non-service staff? If you’re a freelancer, has payment been delayed or changed without notice?

Rehearse what you want to say. Stay focused on the facts—how many hours you’ve worked, what the law requires, and what you’re asking for. Know whether you’re seeking a raise, back pay, overtime adjustments, or more clarity moving forward.

Tips That Can Make a Difference

When it’s time to talk, lead with preparation—not emotion. Here are some ways to keep the conversation productive:

  • Use your documentation. Bring a record of your hours and pay stubs. Show how your current pay doesn’t match what you’ve worked or what the law requires.
  • Be specific. Rather than saying, “I’m underpaid,” point to actual missed overtime or improper tip pooling.
  • Stay calm. Avoid blame or confrontation. Instead, use language like “I want to make sure we’re in compliance with state wage laws.”
  • Suggest a fair solution. Options include reclassification, a raise, a formal overtime policy, or more transparent scheduling. 
  • Ask for follow-up in writing. If your employer makes promises or denies your claims, request that they clarify in writing.

If you’re a freelancer, you can ask for a written contract with payment terms and deadlines to avoid future disputes. This not only sets expectations but helps ensure your rights are enforceable under NYC law.

Always keep notes from any conversation and save any messages or emails related to your pay.

How Lipsky Lowe Can Help

Lipsky Lowe represents workers across New York City—restaurant staff, retail employees, delivery drivers, freelancers, office professionals, and more—in wage and hour disputes. If you’re not being paid what you’re owed or you’re unsure how to approach your employer, we can help you review your options and take action when necessary.

Call us today for a free, confidential consultation. You deserve fair pay—and we’re ready to stand with you if your employer won’t.