Understanding your rights as a worker in New York City is the first step toward protecting yourself from exploitation. Whether you work in a restaurant, construction site, office, or cleaning crew, New York labor law gives you the right to fair pay and proper treatment on the job. Unfortunately, many employers—especially those who assume their workers are unaware of the law—continue to violate these rights.
At the Law Offices of Supriya Kichloo, P.C., we help employees who have been underpaid, denied overtime, or otherwise mistreated at work. Many of our clients are South Asian or immigrant workers who were unsure of their rights or were afraid to speak up. We are here to support you through the process and help you get the compensation you are owed.
What Does New York Labor Law Protect?
New York labor law regulates minimum wage, overtime, meal breaks, recordkeeping, and many other aspects of employment. Recordkeeping refers to an employer’s obligation to accurately track employees’ hours worked and wages paid, ensuring transparency and compliance with wage laws. In addition to state protections, federal laws such as the Fair Labor Standards Act (FLSA) also apply to New York workplaces.
Together, these laws guarantee employees:
- Payment of at least the minimum wage,
- Overtime pay for hours worked over 40 in a week,
- Regular and timely payment of wages,
- Meal and rest breaks (under certain conditions), and
- A workplace free from retaliation for reporting violations.
Employers who violate these rights can face serious legal consequences, including government investigations, lawsuits, and financial penalties.
Common Wage and Hour Violations in NYC
Despite the potentially serious consequences, many employers still frequently violate New York’s labor laws, especially those governing fair pay. When an employer fails to pay an employee the compensation they’re legally entitled to, it’s called wage theft.
Every day, workers across New York City experience wage theft in many different forms. Some of the most frequent violations include:
- Unpaid overtime. If you work more than 40 hours a week, you are generally entitled to 1.5 times your regular rate of pay for those extra hours. Employers often ignore this rule by paying a flat salary or simply refusing to track hours.
- Failure to pay minimum wage. In NYC, most employees must be paid at least $16.00 per hour (as of 2024). Some employers try to get around this by misclassifying employees or making unlawful deductions.
- Off-the-clock work. You must be paid for all hours worked. If your boss asks you to clean, prep, or close before or after your official shift, that time must be included in your paycheck.
- Illegal deductions. Employers cannot deduct money for uniforms, broken equipment, or mistakes unless the law specifically allows it and you have agreed in writing.
- Missed meal breaks. While not every employee is entitled to breaks under federal law, New York labor law generally requires a 30-minute meal break for shifts longer than six hours. Employers must either allow the break or pay you if they require you to work through it.
- Withholding final paychecks. Even if you leave a job or are fired, you are still entitled to be paid for all time worked. Employers cannot legally withhold your last paycheck out of retaliation or as a punishment.
If you are experiencing any of these violations, you have options—and you do not have to go through the process alone.
How to File a Complaint Against an Employer for Nonpayment or Labor Violations
If your employer has violated your wage and hour rights, you can take action by filing a formal complaint. You may be eligible to recover unpaid wages, penalties, and even interest.
Here are the steps involved in filing a labor complaint in New York.
Document Everything
Keep a written record of your hours worked, pay received, and any communications with your employer. Take photos of timecards, pay stubs, or schedules. Documentary evidence is critical to help support your case.
Talk to a Lawyer
Many workers are unsure about how to file a complaint against an employer for nonpayment. Speaking with a labor attorney can help you understand your rights, calculate what you may be owed, and avoid making mistakes that could hurt your claim.
File with the Appropriate Agency
Employees can file a labor law complaint with one or more of the following:
- New York State Department of Labor (DOL),
- U.S. Department of Labor (Wage and Hour Division), and
- New York City Department of Consumer and Worker Protection.
Each agency has its own procedures. A lawyer can help you determine which one is best for your situation—for example, filing with the New York DOL may be faster for local violations, while the U.S. Department of Labor may be better for federal-level claims—and assist with the paperwork.
Consider Filing a Lawsuit
In some cases, filing a lawsuit in court may be the best way to recover unpaid wages and hold your employer accountable. You may be entitled to double the amount you are owed and have your legal fees paid by the employer if you win.
Taking these steps can feel overwhelming. However, having the right legal guidance can make the process much more manageable and increase your chances of a successful outcome.
Penalties for Violating Labor Laws in New York
Employers who break wage and hour laws may face serious consequences, including payment of the following:
- Back pay. They must repay the wages they withheld or failed to pay.
- Liquidated damages. In many cases, workers are entitled to 100% of the unpaid wages in addition to the wages themselves.
- Civil penalties. Agencies can impose fines and penalties for each violation, which increase if the employer has broken the law before.
- Interest. You may also be entitled to interest on the unpaid wages.
- Attorney fees and costs. If you sue and win, your employer may have to pay your legal expenses.
These penalties for violating labor laws are designed to prevent future abuse and ensure workers receive the wages they are owed. In New York City, enforcement efforts have grown stronger in recent years, with agencies prioritizing worker protections and repeat offender crackdowns.
How the Law Offices of Supriya Kichloo Can Help
Our firm understands the courage it takes to come forward. Many of our clients feel intimidated, confused, or worried they will face retaliation. That is why we work closely with you, offering clear guidance and strong support every step of the way. We offer our clients:
- Direct attorney attention. Supriya personally handles every case, giving you individualized service.
- Language and cultural support. We speak Hindi, Kashmiri, and English and understand the workplace challenges often faced by immigrant workers.
- No upfront fees. We take labor law cases on a contingency basis, which means you pay nothing unless we recover money for you.
- Experience and results. Supriya has nearly a decade of experience fighting for workers’ rights and has helped clients recover significant unpaid wages and damages.
You do not need to be a legal professional to stand up for your rights. You just need someone in your corner who will listen, guide you, and fight for what you are owed.
Speak Up—We’ll Stand With You
If you are dealing with unpaid wages, missed breaks, or other workplace violations, contact the Law Offices of Supriya Kichloo today. Our multi-lingual team is ready to listen to your story, explain your options, and help you file your claim with confidence. You deserve fair treatment, and we are here to help you achieve it.
Resources:
New York Labor Law § 198(1a), link.
