What's Your Unpaid Wage Claim Worth in New York?

Learn how much you might receive in unpaid wages and penalties in New York.

By , Attorney · University of San Francisco School of Law

Has your employer failed to pay you minimum wage or overtime? Or failed to give you meal breaks? If so, you may be able to recover unpaid wages from your employer, as well as a monetary penalty.

Below, we explain common wage violations in New York, how to calculate your unpaid wages, and how to pursue your wage claim.

Unpaid Minimum Wage: How Much Are You Owed?

Employees are entitled to the highest applicable minimum wage, whether it's the federal, state, or local rate. New York's minimum wage is significantly higher than the current federal minimum wage of $7.25. And if you work in New York City or other parts of New York, you are entitled to an even higher rate. Fast food employees are also entitled to a higher minimum wage, depending on location and size of employer. (To calculate your minimum wage, use the New York Labor Department's minimum wage calculator.)

If you didn't receive the minimum wage, you can collect unpaid wages from your employer. To calculate the amount due, take the difference between your hourly rate and the minimum wage. Then, multiply that amount by the number of hours worked. For example, if your employer paid you $3 less than the applicable minimum wage for 80 hours of work, you would be entitled to $240.

Different minimum wages apply to tipped employees. To learn more, see our article on how tipped employees are paid in New York.

Unpaid Overtime

Consistent with federal law, New York employers must pay employees time-and-a-half when they work more than 40 hours in a work week (or 44 hours per week, for live-in domestic workers). Certain types of salaried employees are exempt from overtime laws; to learn more, see our article explaining the white-collar exemptions.

If you didn't receive the overtime rate, you can collect 50% of your regular rate per hour. For example, suppose you worked 50 hours during the week but only received your regular hourly rate of $12 per hour (for a total of $600). The last ten of your hours should have been paid at the overtime rate of $18 per hour. So you should receive the difference of $6 per hour ($18 - $12) for ten hours, for a total of $60 extra per week.

Meals and Rest Breaks

New York requires employers to prove meal breaks to their employees at certain times throughout the day. For lunch, employees who work more than six hours must receive a 30-minute lunch period between 11:00 a.m. and 2:00 p.m. For shifts that begin before 11:00 a.m. and continue past 7:00 p.m., employees must receive an additional 20-minute meal period for dinner between 5:00 p.m. and 7:00 p.m. For late-starting shifts between 1:00 p.m. and 6:00 a.m. that last more than six hours, employees must receive a 45-minute meal period during the middle of their shift. (Factory employees are entitled to additional time; for more information, see our article on New York meal and rest breaks.

The meal period can be unpaid, as long as you are fully relieved of all work duties. If you're required to do any work—even sitting at your desk to wait for a phone call or delivery—you must be paid for your time. Also, under federal law, your employer must pay you for any breaks that are 20 minutes or less, even if you're fully relieved of all work duties (for example, a bathroom break or coffee break).

How to Calculate Your Unpaid Wages

To calculate your unpaid wages, add up:

  • any meal periods that you were required to work through, and
  • any breaks of 20 minutes or less, whether you worked through them or not.

This time counts are hours worked, for which you must be paid. If the additional time results in overtime, you must be compensated at your overtime rate.

Other Common Wage Violations in New York

New York employers must also follow several other wage and hour requirements under federal and state law. Here are some other common wage violations by employers:

  • failure to provide at least one day off per week for most non-office employees (called "day of rest")
  • failure to pay sick pay, holiday pay, or vacation pay, as promised by the employer
  • failure to pay earned bonuses or commissions
  • unauthorized deductions from wages, such as for the cost of uniforms or equipment, for cash shortages, or for property damage, and
  • failure to provide final paycheck on time.

Penalties for Wage Violations in New York

In New York, employees with wage claims can collect an additional sum called "liquidated damages." You can collect 100% of your unpaid wages as liquidated damages if your wage claim includes violations of minimum wage, overtime, meal break, or day or rest laws. For example, if you are owed $1,200 in unpaid minimum wage and overtime, you can collect another $1,200 in liquidated damages, for a total of $2,400.

In some cases, you can also collect the following if you win your case:

  • interest on your unpaid wages
  • attorneys' fees, and
  • legal costs.

Additional penalties are available if your employer failed to provide with certain notices or information, including:

  • Notice of pay rate. At the time of hire, New York employers must provide employees with a written notice that includes the employee's rate of pay, the employer's legal business name, and other information. If the notice isn't provided within ten business days of the start of employment, the employee can collect $50 for each work day that the violation continues, up to a maximum of $5,000.
  • Wage statements. For each pay period, employers must provide a wage statement with certain information, including the period of time covered, the rate of pay, the number of hours worked, deductions made, and more. If your employer failed to provide you with wage statements, you can collect $250 for each day the violation continues, up to $5,000.

Filing a Claim for Unpaid Wages in New York

The quickest and easiest way to recover unpaid wages is typically to file a wage claim with the New York Department of Labor. For most wage violations, you must complete a Claim for Unpaid Wage (LS 22). For unpaid bonuses or vacation, sick, or holiday pay, you must complete a Claim for Unpaid Wage Supplements (LS 425). The Department of Labor will investigate your claim, hold a hearing, and help you recover any wages that are owed.

Alternatively, you may file a lawsuit in court to collect your unpaid wages. However, filing in court is a much more complicated process. Unless you have a very small and simple claim, you should consider hiring an employment lawyer. You can also hire a lawyer to represent you before the Department of Labor.

Statute of Limitations for Unpaid Wage Claims

You have six years to collect unpaid wages from your employer under state law, but only two years for violations of federal law (or three years if the employer willfully violated the law). However, it's best to file your claim or consult with an employment lawyer as soon as you know you have a wage claim.

Late Final Paycheck in New York

After you leave a job in New York, whether you quit, were fired, or were laid off, state law requires your employer to give your final paycheck on the next scheduled payday.

If your employer has failed to pay your final paycheck on time, you can file a claim with the state Department of Labor's Division of Labor Standards. If successful, you'll be entitled to the money you're owed and perhaps additional damages from your employer.

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