Routes for an unpaid wages claim
In New York, a worker can file a complaint with the New York State Department of Labor, file with the U.S. Department of Labor's Wage and Hour Division, or bring a lawsuit under state law, federal law, or both. The agencies investigate and can pursue the employer, but they control the pace and the scope of what they look into. A lawsuit gives you more control and, in New York, can reach back further in time under state law than under the federal statute. Both state and federal law allow additional damages on top of the unpaid amount in many cases, and fee-shifting provisions often apply. If coworkers were treated the same way, a group or class case may be possible.
Building the numbers
Gather your pay stubs, offer letter, any wage notice you received when hired, and bank deposit records. Your own record of hours, such as calendar entries, texts about shifts, or app logs, can matter a great deal, particularly if the employer's time records are incomplete. New York law requires employers to give written wage notices and detailed wage statements, and missing paperwork can support separate claims. Do not take company time records or documents without asking a lawyer first. If you are still employed, retaliation for complaining about wages is prohibited under both state and federal law, and it is worth knowing that before you raise the issue.
What gets settled early
We look at the type of pay problem: unpaid overtime, a minimum wage shortfall, unpaid final wages, unlawful deductions, tip issues, or pay that came too late. We check your job duties, since some salaried roles are exempt from overtime and others are labeled exempt when they should not be. We also look for an arbitration agreement, because it can change the route. Immigration status generally does not bar a claim for wages already earned, and we can talk through any concerns about that privately. From there we decide between an agency complaint, a demand to the employer, or a lawsuit.
