Even though New York has strong laws to protect workers, wage theft remains a significant problem across many industries. Employees are often not paid what they are legally owed, whether it is for overtime or work done outside of work hours. If you think your boss has not paid you what you are owed, talking to a Brooklyn wage theft attorney at Naidich Law can help you understand your rights and what evidence you need to make a strong case.
A wage and hour violation occurs when an employer fails to comply with labor or wage laws requiring payment of the minimum wage, overtime when it is due, and other required pay. Employers are legally required to keep accurate payroll records, but employees often help prove violations when those records are missing or wrong.
Understanding Common Wage and Hour Violations
The New York Labor Law (NYLL) and the federal Fair Labor Standards Act (FLSA) are the laws that most wage and hour claims in New York are based on. These laws set minimum wage, overtime, and recordkeeping requirements for employers. It helps to know what kind of violation it is before you start collecting evidence. In New York, some common wage and hour violations are:
- Not paying the minimum wage, including mistakes related to higher wage rates in New York City
- Unpaid overtime is when non-exempt workers do not get paid time and a half for hours worked over 40 in a week
- Working off the clock, like being asked to work before or after clocking in or during unpaid meal breaks
- Taking money out of paychecks for uniforms, breakage, cash shortages, or tools without permission
- Spread of hours violations, which happen when a workday lasts more than 10 hours from start to finish and an additional hour of pay at minimum wage is required for certain employees
Knowing what the violation is helps you determine which evidence is most important.
The Importance of Personal Records
It is the main responsibility of employers under New York law to keep accurate records of wages and hours worked. However, if employers do not do this, courts may accept an employee’s reasonable memory of the hours worked as proof. This makes personal records very useful.
One of the best ways to back up a claim is to keep a personal work journal. Workers should write down the start and end times of each day, any unpaid breaks, and any times they worked more hours than they were supposed to. If you write down when you are asked to stay late, work through lunch, or do tasks outside of normal hours, you can help show patterns of unpaid work.
Essential Evidence to Gather
Strong wage and hour claims often rely on multiple forms of evidence, including:
- Pay stubs and wage statements, which show hours worked, pay rates, and any deductions that were made under the Wage Theft Prevention Act (WTPA)
- Time cards or digital time records, especially if they do not match personal logs or look like they have been changed
- Emails, texts, or messages at work that ask you to work extra hours or do things outside of work hours
- Bank statements or canceled checks showing what was really paid
- Statements from coworkers who saw similar things happen or worked with you
When you compare these records, it is often easy to see where the hours worked and the wages paid do not match up.
Legal Options and Time Limits
Under New York state law, employees have up to six years to file wage theft claims. This is a lot longer than the federal statute of limitations. You can file a claim with the New York State Department of Labor or take it to court as a civil lawsuit. If a claim is successful, the person may recover unpaid wages, liquidated damages equal to the unpaid amount, interest, and their legal fees.
To prove a wage and hour violation, you need to be organized, consistent, and understand how New York law views evidence. Workers can show wage violations and hold people accountable under the law if they keep detailed records and follow a methodical process.