New York Unpaid Wages Attorney

Employees are protected from unpaid wages by both federal and state laws. The Fair Labor Standards Act (FLSA) sets the national standard for minimum wage, overtime, and recordkeeping requirements, ensuring workers are paid for all hours worked. 

The New York Labor Law (NYLL) adds further protections, requiring timely payment of wages and outlining rules for overtime, minimum wage, and wage notices. These laws empower employees to recover unpaid wages through legal claims. Violating these laws can result in penalties for the employer, including damages and attorney’s fees.

Can I Sue My Employer for Unpaid Wages in New York?

You can sue your employer for unpaid wages in New York. Under the New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA), employees who have not received their owed wages can file a wage claim or a lawsuit. Claims filed by employees in New York can be filed with the Department of Labor or directly in court. 

Employees can recover unpaid wages, liquidated damages (up to 100% of the wages owed), and legal fees. The statute of limitations for unpaid wage claims is typically six years in New York.

How Can I Prove I’m Owed Unpaid Wages?

You’ll need documentation such as pay stubs, time records, employment agreements, and communication with your employer about your hours and pay. The New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA) requires employers to keep accurate records of employees’ hours and wages. If your employer failed to keep records, your own documentation can help support your claim. Witness testimony from coworkers and electronic records (e.g., emails or schedules) can also be valuable evidence in proving wage violations.

What are Liquidated Damages in Unpaid Wage Cases?

Liquidated damages in unpaid wage cases are a type of compensation awarded to employees in addition to their unpaid wages. Employees who successfully recover unpaid wages under the New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA) may also receive liquidated damages equal to 100% of the unpaid wages. Liquidated damages is intended to penalize employers for violating wage laws and to compensate employees for delayed payment. In some cases, liquidated damages may be reduced if the employer can show they acted in good faith.

What Can I Do if My Employer Retaliates Against Me for Claiming Unpaid Wages?

If your employer retaliates against you for claiming unpaid wages, you have legal protection under both New York Labor Law and the Fair Labor Standards Act. Retaliation can include actions like termination, demotion, or reducing hours in response to your wage claim. Employees can file a retaliation claim in New York with the Department of Labor or sue in court. Remedies may include reinstatement, backpay, and additional damages. Federal law also protects employees from retaliation for asserting their wage rights.

What’s the Process for Filing a Wage Claim in New York?

You can either file a claim with the New York State Department of Labor (NYSDOL) or pursue legal action through the courts. Filing with the NYSDOL involves submitting a complaint form with details about your employer, your work hours, and the wages you believe are owed. If you choose to go to court, you’ll need to file a lawsuit for unpaid wages. The process includes gathering evidence, such as time records and pay stubs, and possibly going through mediation or trial.

Can I File a Wage Claim if I’m an Undocumented Worker?

Undocumented workers can file a wage claim for unpaid wages. Under both federal law and New York Labor Law, immigration status does not affect an employee's right to be paid for work performed. 

This means undocumented workers have the same protections as other workers and can recover unpaid wages, overtime, and damages. Employers are prohibited from using immigration status as a defense in wage claims, and workers should not be retaliated against for asserting their wage rights.

What Documents Do I Need to File a Wage Claim?

To file a wage claim, you’ll need to gather evidence such as pay stubs, time sheets, your employment contract, and any communication you had with your employer regarding your hours and pay. Both the New York Labor Law and the Fair Labor Standards Act require employers to maintain accurate records of employees’ work hours and wages. If your employer didn’t keep these records, your own documentation will be critical in proving your claim. Witness statements and emails can also help substantiate your case.

How Long Do I Have to File a Wage Claim in New York?

Under New York law generally you have six years to file a wage claim. For federal claims under the Fair Labor Standards Act, the statute of limitations is two years, but it can be extended to three years in cases where the employer’s violation was willful. 

Filing within the statute of limitations is important because missing the deadline can prevent you from recovering unpaid wages. Consulting with an experienced employment attorney at Horn Wright, LLP, early can help ensure you meet all necessary deadlines.

What Happens if My Employer Doesn’t Respond to My Wage Claim?

If your employer doesn’t respond to your wage claim, the New York State Department of Labor (NYSDOL) or the New York courts may take further action, such as issuing a judgment against the employer.

Under New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA), failure to respond to a wage claim can result in the employer being required to pay not only the unpaid wages but also liquidated damages and attorney’s fees. If the employer continues to ignore the claim, enforcement actions, such as wage garnishment or asset seizure, may occur.

What Can I Recover in a New York Unpaid Wage Lawsuit?

In a New York unpaid wage lawsuit, you can recover the full amount of unpaid wages, overtime, liquidated damages, interest, and attorney’s fees. Successful claimants under New York Labor Law and the Fair Labor Standards Act, are entitled to recover wages for hours worked but not paid, including overtime at 1.5 times the regular pay rate for hours over 40 per week. Liquidated damages are typically equal to 100% of the unpaid wages. Additional penalties and interest can also apply if the employer violated wage payment laws.

How Long Does it Take to Recover Unpaid Wages After Filing a Claim?

The time it takes to recover unpaid wages will depend on the method of filing and the complexity of the case. If you file a claim with the New York State Department of Labor (NYSDOL), the process could take several months to over a year, depending on the backlog of cases. 

If you file a lawsuit in court your case could take longer, especially if the case goes to trial. Under both New York Labor Law (NYLL) and the Fair Labor Standards Act (FLSA), employees can recover wages, liquidated damages, and legal fees, but the timeline can vary based on employer cooperation and any legal challenges raised.

What Happens if My Employer Contests My Wage Claim?

If your employer contests the wage claim, the case may take longer to resolve and could require additional steps, such as providing evidence, attending hearings, or going to court. Employers may dispute wage claims by presenting their own records or legal defenses. You will need to provide documentation like pay stubs and time records to support your claim. If the dispute isn’t resolved through mediation or administrative action, it may go to trial where a judge or jury will decide the outcome.

Can I Settle an Unpaid Wage Claim Out of Court?

You can settle an unpaid wage claim out of court through negotiations or mediation, absolutely. Employees can settle claims for unpaid wages with their employer before or after filing a formal complaint with the Department of Labor or the court. You should consult an experienced employment law attorney at Horn Wright, LLP, before doing so to confirm you’re not settling for less than you’re entitled, however. 

Settling the claim can be faster than litigation, but it’s important to ensure the settlement includes full payment of unpaid wages, liquidated damages, and any attorney’s fees. Federal law under the Fair Labor Standards Act (FLSA) allows for settlement agreements, but they must be approved by a court or the Department of Labor to be enforceable.

What Are My Rights if My Employer Files for Bankruptcy During My Wage Claim?

If your employer files for bankruptcy while you have an ongoing wage claim, your wages can still be recoverable. Under federal bankruptcy law, unpaid wages are considered a priority claim, meaning they are among the first debts to be paid from the company’s remaining assets. You can file a wage claim in bankruptcy court to recover up to $15,150 in unpaid wages. 

New York law provides similar protections, ensuring that wages owed take precedence over other unsecured debts in a bankruptcy proceeding. However, full recovery may depend on the company's available assets.

What if My Employer Goes Out of Business Before Paying My Wages?

If your employer goes out of business before paying your wages, you may still have legal options to recover the money owed. New York law allows employees to file claims against individual business owners or officers who were responsible for wage payment. New York unpaid wage claims can also be pursued through the Wage Theft Prevention Act, which holds business owners personally liable for unpaid wages. Filing a claim in bankruptcy court or with the New York State Department of Labor may also allow you to recover wages from company assets.