As a hard worker, you reasonably expect to be paid for the work you do based on the hourly rate you agreed to when you accepted the job. You don’t expect to be taken advantage of by your employer, who is trying to cheat you out of your fair wages.
If you suspect your employer is violating wage or hour laws, Naidich Law can help.
Choosing the right lawyer is important when your pay is on the line. At Naidich Law, LLC, we use our years of experience in high-stakes litigation to provide personalized, hands-on support for working people in Brooklyn and New York City. Founder Zachary Naidich, a successful lawyer and Adjunct Professor at Brooklyn Law School, started the firm with the idea that regular workers should get the same level of legal help as big businesses.
By design, we do not take on as many cases as high-volume firms do, so that we can give each client our full attention. Your case will never be given to a junior associate or paralegal. Mr. Naidich is in charge of every part of your wage theft claim, from the investigation to the settlement or trial. We hold employers accountable in a strategic, results-driven way while keeping clients informed and supported at every step.
The federal Fair Labor Standards Act (FLSA) establishes the minimum wage, overtime pay rates, youth working standards, and employer recordkeeping requirements. The main rules concerning wages and hours include:
If you believe your workplace may have violated these rules, contact Naidich Law today to learn about your rights for making a wage and hour claim.
Wage and hour claims can take many forms. Some of the most common types of wage and hour claims include:
You have rights, and Naidich Law is here to protect them. Naidich Law offers a free, no-obligation case review. Call today to get started.
Not getting paid means more than just missing a paycheck. In New York, wage theft can happen in many ways. All of them involve not getting paid for work you did. This could mean not paying the minimum wage or not paying time-and-a-half for hours worked over 40 in a workweek.
Stolen tips, illegal tip pooling, or misusing tip credits can also be a part of unpaid wages. Some employers do not pay out earned commissions or bonuses, take illegal deductions for uniforms, breakage, or cash shortages, or make employees work off the clock. Unpaid training time, required meetings, or work done before or after a shift may also count as unpaid wages. You may have a valid claim if you worked for your employer and did not get paid what you were owed.
If you think someone is stealing your wages, the first thing you should do is protect your proof. It is important to keep your own records because employers often run the official payroll and timekeeping systems. Make a private work log that shows when you start and end each shift, including breaks, overtime, and any work you do outside of work hours.
Keep pay stubs, schedules, employment contracts, and written messages, such as emails or texts, about your hours or pay. If you are afraid of retaliation, do not confront your boss without getting legal advice first. New York law prohibits employers from retaliating, but it still happens. Talking to a wage theft lawyer early on can help you learn about your rights, keep evidence safe, and figure out the best way to move forward.
To prove wage theft, you usually have to show that there was a pattern of underpayment, not just one mistake on the payroll. The New York Wage Theft Prevention Act (WTPA) requires employers to keep accurate records of hours worked and wages paid. If employers do not do this, they cannot use their own bad recordkeeping to their advantage.
If payroll records are lost or wrong, courts may use an employee’s reasonable memory of the hours they worked. Personal work logs, pay stubs, schedules, digital records like login times or keycard swipes, and testimony from coworkers who have had the same problems can all be used as evidence. A skilled Brooklyn wage theft lawyer can get records from the employer, review how they pay their employees, and build a strong, clear case.
If you notice that you are missing pay, unpaid overtime, or problems with your payroll that keep happening, you should talk to a wage theft lawyer right away. Waiting can make it harder to prove claims and let employers keep doing things that are against the law.
In New York, the time limit for filing a wage theft claim can be up to 6 years. However, it is easier to get evidence and witnesses when you act quickly. If your boss asks you to sign a waiver or release about your pay, or if you are punished for bringing up pay issues, you should also get legal advice right away. An attorney can help you get all the money you are owed, including unpaid wages and, if the law allows, liquidated damages.
Going up against your employer can be intimidating. You might even be afraid of retaliation. Zachary Naidich is an experienced litigator who isn’t afraid to hold employers accountable for their bad and/or illegal conduct. He can demand the compensation you deserve and safeguard your legal rights. He prides himself on providing the same exceptional legal representation and services generally only corporate clients or high net-worth individuals can secure. Learn more about how he can help when you call for your free case review.
"*" indicates required fields
"*" indicates required fields