New York Wage Theft Attorney

Tenacious Legal Representation in Wage Theft Claims

Wage theft can occur in many ways but it basically boils down to employers failing to pay workers fairly or completely under local, state, and federal wage and hour laws. The federal Fair Labor Standards Act and other laws have been established to protect workers against various types of wage theft. At T. A. Blackburn Law, PLLC, we are well-versed in employment law and in all varieties of wage theft, from failure to pay minimum wage to unlawfully appropriating the tips of restaurant and hotel workers who rely on them for their livelihood. If you have experienced some type of wage theft, we urge you to reach out to our firm to get the assistance you need. You may have grounds for a claim with the Equal Employment Opportunity Commission (EEOC) or a claim made through civil court.

Have you faced some type of wage theft? Take advantage of our knowledge, experience, and deep commitment to upholding employment law. Contact us at (347) 427-5999.

Wage Theft in New York

The following include the various ways in which wage theft can occur to workers:

• A failure to pay full minimum wage for all hours worked, as governed by New York City, state, or federal law. This can lead to a wage claim wherein you can recover your unpaid wages as well as additional damages.
• A failure to properly pay for overtime hours beyond a 40-hour work week. Employers cannot get around this by averaging hours worked during a two-week period or by misclassifying an employee as exempt from overtime when they are not. These claims can lead to penalties for employers including fines as well as double the unpaid wages owed.
• Unlawfully appropriating tips belonging to service workers or sharing them with other employees who are not eligible to receive them.
• Unlawfully deducting pay for meal breaks where they should be paid, such as when an employee must work during his or her lunch break. Penalties and fines can apply in this situation.
• Taking deductions out of your paycheck that are illegal or to which you have not agreed. Legitimate deductions include such things as taxes, pension deductions, and more. However, deductions not authorized under law cannot be taken that were not agreed upon, such as for breaking something, being late, or having a cash shortage.
• A failure to pay for all hours worked, even when those hours occurred prior to clocking in or after clocking out.
• Violations of what constitutes an unpaid intern per legal definitions and regulations. Unpaid interns must meet the specific criteria that defines them. If they do not, they must be treated and paid as employees.
• A failure to pay for work that is done remotely, such as answering emails, taking phone calls, or writing reports after hours at home.
• Wrongly classifying an actual employee as an independent contractor; this practice can result in the individual being denied certain wages.
• A failure to pay additional pay for working more than 10 hours in one day. Known as spread-of-hours pay, this practice can result in lost wages. It applies to those who split shifts as well, such as restaurant workers whose total hours in a single day exceed 10.