Wage theft can happen to any workers, but it’s especially common for workers that work in tipped positions. Wage theft is illegal. If you experienced wage theft while working in NYC, you may be able to file a claim against your employer to recover wages that you should have been paid.
What Is Wage Theft?
Wage theft happens when an employer doesn’t pay you the money that you’re entitled to be paid for your work. Wage theft can happen in any industry, but tipped workers are often the victim of wage theft. Some of the most common wage theft scenarios include:
- Tipped workers have their tips kept by the owner, or their tips are pooled and redistributed.
- Hourly workers are told to come in 15 minutes before their assigned shift to get their cash drawer ready or do inventory. Or, they are told to stay 15 minutes after their scheduled shift to do side work or closing duties. You have the right to be paid for all time spent working.
- Workers are told to work through an unpaid meal break without being paid for that time.
- Workers are not paid for their time if they have to drive to a jobsite.
- Workers have money deducted from their paychecks for meals, uniforms, or other expenses.
- Workers are not paid minimum wage.
NYC has a different minimum wage than NY state and the Federal minimum wage. The minimum wage in NYC reflects the higher cost of living in the metro area. The minimum wage for non-tipped workers in NYC is $15. Tipped service workers have a minimum wage of $12.50 with a tip credit of $5. And tipped food service workers have a minimum wage of $10 with a tip credit of $5.
What Should I Do If I’ve Experienced Wage Theft In NYC?
If you’ve experienced wage theft by an employer in NYC you can file a claim with the EEOC and with the New York Division of Labor Standards. against that employer. But, in order to be eligible to get the money you are owed you must have proof of your current pay. Keep all of your pay stubs, earning statements, and tip accounting so that you can show the amount of money you have earned.
How Do I File A NYC Wage Theft Claim?
If you want to file a complaint against an employer that has illegally engaged in wage theft you can file a complaint with the NY Division of Labor Standards. You can find blank copies of the forms you need to submit on the NY Division of Labor website.
Get Help With NYC Wage Theft Claim
Any NYC worker that has not been paid the total amount of wages they should be paid can file a complaint against their employer. You may be eligible recoup the money you should have been paid and possibly money for pain and suffering. Complete the Free Case Evaluation to get connected with an independent, participating attorney who subscribes to the website and may be able to help with your case.
