New York Wage and Hour Attorney

If your employer failed to pay you for all the hours you worked, denied overtime, kept your tips, or made unlawful deductions from your paycheck, the New York wage and hour lawyers at Hach & Rose, LLP can help you understand your rights and pursue the wages you rightfully deserve.

Our attorneys represent employees throughout New York in claims involving unpaid overtime, minimum wage violations, wage theft, employee misclassification, and other violations of state and federal wage laws. We also help workers whose employers failed to comply with the New York Wage Theft Prevention Act (WTPA), which requires businesses to provide accurate wage notices, pay statements, and payroll records.

Why We Focus on Wage and Hour Cases

Wage theft is one of the most common workplace violations in New York, yet many employees do not realize it is happening. An employer may issue a paycheck every week while still violating the law by requiring off-the-clock work, paying the wrong overtime rate, withholding tips, or failing to pay for every hour worked. In many cases, these practices continue for months or even years before employees recognize they may have a legal claim.

Whether you work in construction, hospitality, healthcare, retail, transportation, or another industry, the lawyers at Hach & Rose, LLP can review your pay practices, explain your legal options, and advocate for the full compensation you may be entitled to recover.

Call (212) 779-0057 today to schedule a free and confidential consultation with our experienced New York wage and hour lawyers. When finances are tight because you are owed the wages you earned, you don’t have to worry when you partner with our team. You pay no fees unless we win for you.

Why Choose Hach & Rose, LLP for a New York Wage and Hour Claim?

A wage dispute is rarely just about one paycheck. In many cases, the same pay practice affects employees week after week, gradually costing them hundreds or even thousands of dollars they are legally owed.

For more than 25 years, Hach & Rose, LLP has advocated for workers throughout New York. Our attorneys understand how employers structure payroll systems, classify employees, and track hours worked. We know how to identify unlawful pay practices, analyze payroll records, and build claims to demand the full amount employees are owed under New York and federal law.

Whether your claim involves unpaid overtime, minimum wage violations, illegal paycheck deductions, or wage theft affecting multiple employees, we work to hold employers accountable while protecting your financial interests.

When you partner with Hach & Rose, LLP, we can:

• Review your pay records, job duties, and hours worked.
• Determine whether your employer violated New York or federal wage laws.
• Calculate unpaid wages, overtime, and other damages.
• Negotiate with your employer when appropriate.
• Litigate your claim when necessary to pursue the compensation you earned.

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What Is Wage Theft in New York?

Many people think wage theft means an employer simply refuses to pay an employee. Actually, wage theft includes a wide range of unlawful pay practices that result in workers receiving less compensation than the law requires.

Sometimes the violation is obvious, such as withholding an entire paycheck. More often, it occurs gradually through payroll practices that employees may not immediately recognize.

For example, an employee who works 48 hours in a week but receives only their regular hourly rate for every hour worked may lose eight hours of overtime pay each week. Over months or years, those unpaid wages can become substantial.

Similarly, an employer who requires employees to prepare equipment before clocking in, complete paperwork after clocking out, or work through unpaid meal breaks may be violating wage and hour laws, even if employees continue to receive regular paychecks.

We help recognize these patterns as a first step toward recovering the wages you earned.

What are Some Common Wage and Hour Violations in New York?

New York employees may encounter many different forms of wage theft. Some involve unpaid wages, while others stem from an employer’s failure to comply with state and federal payroll requirements.

Unpaid Overtime

Under both the Fair Labor Standards Act (FLSA) and the New York Labor Law, many employees must receive one and one-half times their regular rate of pay for hours worked over 40 in a workweek.

Overtime violations frequently occur when employers:

• Misclassify employees as exempt from overtime requirements.
• Require employees to perform work before clocking in or after clocking out.
• Exclude certain compensation when calculating the employee’s regular hourly rate.

Simply paying a salary does not automatically eliminate an employee’s right to overtime. Eligibility depends on both salary level and actual job duties.

Minimum Wage Violations

New York law establishes minimum wage requirements that often provide greater protection than federal law. Employers who pay less than the applicable minimum wage may be required to compensate employees for the difference, along with additional damages in many cases.

We handle minimum wage violations that occur because employers improperly apply tip credits, fail to pay employees for every hour worked, or incorrectly classify workers to avoid wage obligations.

Tip Theft and Improper Tip Pooling

Restaurant workers, bartenders, hotel employees, and other tipped workers have additional legal protections. Employers generally cannot keep employee tips or require workers to share tips with managers or other employees who are not legally permitted to participate in a tip pool.

Violations involving tips can significantly reduce an employee’s earnings, particularly in industries where gratuities make up a substantial portion of total compensation.

Illegal Paycheck Deductions

Depending on the circumstances, employers may violate New York law by deducting money for uniforms, damaged equipment, cash shortages, customer walkouts, or similar business expenses. Even relatively small deductions can become significant when repeated over time or applied to multiple employees.

Independent Contractor Misclassification

Some employers classify workers as independent contractors even though the law considers them employees. Misclassification can affect much more than overtime eligibility. It may also impact minimum wage protections, payroll taxes, unemployment benefits, and other important employment rights.

This issue is particularly common in New York’s construction, transportation, delivery, and gig economy sectors, where workers sometimes perform the same duties as employees while being labeled independent contractors.

Spread-of-Hours Pay

One unique protection in New York involves spread-of-hours pay. In many situations, employees whose workday spans more than 10 hours—from the beginning of the first shift until the end of the last, including unpaid breaks—may be entitled to an additional hour of pay at the applicable minimum wage rate.

Because many workers have never heard of this requirement, employers sometimes fail to provide the additional compensation required by law, even when employees qualify.

The Basics of the New York Wage Theft Prevention Act

Many employees assume they only have a legal claim if their employer failed to pay them correctly. The New York Wage Theft Prevention Act (WTPA) provides additional protections by requiring employers to be transparent about how they calculate and pay wages.

Under the WTPA, employers generally must provide new employees with a written wage notice at the time of hire and whenever certain pay information changes. They must also issue detailed wage statements with each paycheck showing information such as hours worked, rates of pay, deductions, and net wages.

These requirements serve an important purpose. Clear payroll records make it easier for employees to understand how they are being paid and to identify potential wage violations before they become long-term problems.

Importantly, employers may face liability for failing to comply with these notice and recordkeeping requirements even if the underlying wage dispute is relatively small. In some cases, we help employees recover statutory damages, unpaid wages, liquidated damages, and attorney’s fees, making the WTPA a powerful tool for holding employers accountable.

Who Can Bring a Wage and Hour Claim?

Many workers mistakenly believe wage laws only protect full-time employees. In reality, New York wage and hour laws protect workers in many different industries and employment arrangements, including:

Many employees hesitate to pursue unpaid wages because they fear retaliation or worry that their immigration status will suffer if they bring a claim. New York law provides important protections for workers regardless of their immigration status, and employers generally cannot lawfully withhold wages employees have already earned.

What Compensation May Be Available in a New York Wage & Hour Case?

A successful wage and hour claim may involve more than recovering unpaid wages. Depending on the circumstances, employees may be entitled to recover:

You May Have More Time Than You Think to Take Action

One of the advantages of New York’s wage laws is their relatively long statute of limitations. In many cases, claims brought under the New York Labor Law may reach back six years, allowing employees to recover wages that were unlawfully withheld over an extended period. By comparison, claims under the federal Fair Labor Standards Act (FLSA) generally have a two-year statute of limitations, or three years for willful violations.

Although New York’s longer deadline benefits many employees, waiting can still make it more difficult to preserve payroll records, schedules, and other evidence. Speaking with our attorney now can help protect your claim.

How Hach & Rose, LLP Can Help Recover Unpaid Wages

At Hach & Rose, LLP, we carefully review payroll records, timekeeping practices, wage statements, employment classifications, and other evidence to determine whether an employer complied with New York and federal law. We also identify every available avenue for recovery, including unpaid wages, overtime, statutory penalties, and liquidated damages under the Wage Theft Prevention Act.

Whether your claim involves a single paycheck or a long-term pattern of wage violations, our attorneys are prepared to advocate for the full compensation you may be entitled to recover.

Frequently Asked Questions About New York Wage and Hour Laws

Contact the New York Wage and Hour Lawyers at Hach & Rose, LLP Today

At Hach & Rose, LLP, we represent workers throughout New York in wage and hour disputes involving unpaid wages, overtime violations, employee misclassification, and other unlawful pay practices. Our attorneys can review your employment records, explain the laws that apply to your situation, calculate the compensation you may be owed, and advocate for you through settlement negotiations or litigation when necessary.

Call Hach & Rose, LLP today at (212) 779-0057 to schedule your free and confidential consultation with our experienced New York wage and hour lawyers and learn how we can help you recover the wages you earned. Remember, you pay no fees unless we win.

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