Wage & Benefit Violations in New York: Know Your Rights

Wage & Benefit Violations in New York: Know Your Rights

At Lipsky Lowe LLP, we fight for workers who’ve been denied their rightful wages and benefits. New York has some of the strongest worker protection laws in the nation – if your employer is withholding pay or benefits you’ve earned, you may have a legal claim.

Common Wage Violations We Handle

1. Unpaid Overtime

✔ NY requires 1.5x pay for hours over 40/week
✔ Some employees misclassified as “exempt”
✔ Off-the-clock work violations

2. Minimum Wage Violations

✔ NYC: $16/hour (as of 2024)
✔ Fast food: $20/hour
✔ Tipped workers must make minimum wage after tips

3. Illegal Deductions

✔ Unauthorized paycheck deductions
✔ “Breakage” deductions for restaurant workers
✔ Uniform or equipment costs that bring pay below minimum wage

4. Withheld Final Paychecks

✔ Must be paid by next regular payday
✔ Includes all earned commissions/bonuses

Benefit Violations That Are Illegal

1. Denied Meal/Rest Breaks

✔ 30-minute lunch break for shifts over 6 hours
✔ Additional breaks for nursing mothers

2. Stolen Tips

✔ Tip pooling violations
✔ Manager/owner tip sharing
✔ Credit card tip withholding

3. Denied Sick Leave

✔ NYC: Up to 56 hours paid sick leave
✔ NYS: Up to 40 hours paid leave

4. Miscalculated Commissions

✔ Must be paid per agreement
✔ Cannot be arbitrarily reduced

How We Prove Wage Theft Cases

Our attorneys gather:
📌 Pay stubs and time records
📌 Employee handbooks/policies
📌 Coworker testimony
📌 Electronic time clock data
📌 Communications about pay

What Your Case Might Be Worth

Successful claims can recover:
💰 2-3 years of back wages
💸 Liquidated damages (equal to unpaid wages)
⚖ Attorney’s fees paid by employer
🔍 Possible criminal penalties for employer

Take Action Against Wage Theft

  1. Document Everything: Save pay stubs, schedules, communications
  2. File a Complaint: With NY DOL (3-year deadline) or federal DOL (2 years)
  3. Consult Our Attorneys: Before confronting your employer

Why Choose Lipsky Lowe LLP?

✔ 30+ years combined wage theft experience
✔ Recovered millions for NYC workers
✔ No fees unless we win your case
✔ Fluent in Spanish and Russian

“After my restaurant withheld $8,000 in tips, Lipsky Lowe recovered every dollar plus penalties.” – Maria R., former server


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NY Wage Theft Lawyer | Unpaid Wages & Benefits Claims | Lipsky Lowe LLP

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Suffering wage theft in NYC? Our employment attorneys recover unpaid overtime, tips, and benefits. Free case review: (212) 815-8500.


Contact Information:

📞 Call (212) 815-8500
📧 info@lipskylowe.com
📍 420 Lexington Ave, Suite 1830, NYC
⏰ Available 24/7 for consultations

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