New York Wage and Hour Lawyer: Is Your Pay Shortfall a Legal Claim?

The Fair Labor Standards Act, or FLSA, addresses federal minimum-wage and overtime obligations for covered employees. State law can provide additional protections, including rules governing earned wages and deductions. Statutory rights do not depend on whether an employment agreement mentions them.

Contract terms matter when identifying promised compensation, such as commissions or bonuses. A disputed discretionary bonus differs from wages already earned. The broader Wage and Hour framework helps distinguish these issues.

A salary or “manager” title does not settle overtime eligibility. Executive, administrative, and professional exemptions depend on applicable duties and, where required, salary conditions. Federal and state tests require separate review.

Describe your daily responsibilities, authority, and pay arrangement. An exemption under one law does not necessarily eliminate protection under the other.

Opening tasks, closing duties, and after-hours assignments may count as work. Under the FLSA, work an employer suffers or permits can be compensable even without an express request.

Automatic meal deductions also deserve review when you continue working. A bona fide unpaid meal period generally requires relief from duties. Record what interrupted the break, how long it took, and who knew about the work.

Covered, nonexempt employees generally must receive at least one and one-half times their regular rate after 40 hours in a workweek. Exceptions and special rules apply. Certain nondiscretionary bonuses and commissions enter the regular-rate calculation, so the printed hourly rate may not tell the whole story.

State Labor Law §193 limits wage deductions. Written permission alone does not make a deduction lawful. Review its purpose and legal basis separately from any Unpaid Wages.

Useful materials include:

• Pay statements showing hours, rates, gross earnings, and deductions.
• Schedules, time entries, and payroll corrections.
• Messages assigning work outside recorded hours.
• Agreements and policies governing disputed compensation.

For each discrepancy, note the date, task, approximate duration, and supporting record. Bank statements confirm deposits but rarely explain wage calculations.

Incomplete records do not automatically establish your proposed amount. Calendars, messages, and contemporaneous notes can help reconstruct the work. Explain how you estimated time rather than presenting uncertain figures as exact. Keep screenshots in context and preserve files you lawfully possess.

The New York State Department of Labor’s published intake guidance excludes certain claims, including wages already pursued in civil court and wages earned more than three years earlier. That intake restriction differs from the generally applicable six-year civil limitations periods under Labor Law §§198 and 663.

FLSA recovery generally has a two-year period, extended to three years for willful violations. An internal payroll complaint does not automatically pause those deadlines. State statutory tolling and federal deadlines require separate analysis.