If you experienced New York wage theft while working in New York, you may be able to file a claim to compensate. Employers who violate the NY Wage Theft Prevention Act face potential multiple penalties and punishments. Employers must provide written pay notices and pay stubs to employees. If they do not, they may have to pay a penalty of up to $10,000 per employee.
What is Wage Theft?
Wage theft takes place when an employer does not pay fully an employee for the work the employee has performed. Wage theft can include not paying the minimum wage, failing to pay overtime, or requiring off-the-clock work. The Wage Theft Prevention Act (WTPA) took effect on April 9, 2011.
The law states that employers must give written notice of wage rates at each new hire.
The notice must include:
- rate, or rates, of pay, including the overtime pay rate;
- how the employee will be paid such as by the hour, shift, day, week, commission, etc.;
- the regular payday;
- the employer’s name, address and phone number of the employer's main office;
- allowances taken as part of the minimum wage (tips, meal and lodging deductions).
The notice must be provided both in English and in the employee's primary language (if the Labor Department provides a translation). The Department offers translations in the following languages: Spanish, Chinese, Haitian Creole, Korean, Polish and Russian.
You could be a victim of wage theft in the following situations:
- your paycheck is often incorrect;
- you aren’t given a meal break;
- you work by the hour but you do overtime and don’t get paid;
- you are made to pay up front for a uniform;
- you buy something with your own money for your employer, but they don’t;
- you leave a job, but your employer fails to pay your last paycheck.
What Should I Do If I’ve Experienced Wage Theft in New York?
If you have the evidence to prove you aren’t being paid the correct wage you should first approach your manager with the evidence. If this doesn’t resolve the wage theft then you should file a Department of Labor Complaint with the Department of Labor’s Wage and Hour Division (WHD), which is responsible for investigating incidences of wage theft.
You may call 1-866-4USWAGE (1-866-487-9243) Monday to Friday, from 8 a.m. to 8 p.m. Eastern time. You may also file a complaint while you’re working for your present employer or within two years of leaving that employer. Within two business days of filing the complaint, someone from your nearest field office should contact you to discuss your situation and suggest what you should do next.
If the WHD investigates your complaint and finds that you are owed wages, you should get the money you are owed. Your employer cannot retaliate because of your wage theft complaint.
Get Help With New York Wage Theft Claims
One of the main ways to prove wage theft is to provide evidence that proves the wage theft has taken place. This is never easy especially if the employer denies the wage theft. A lawyer who helps those in New York may be able to help you get your wage theft confirmed.
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