Wage and Hour Claims
You may be a victim of wage theft and not even know it. The questions below may help you find out if you are owed wages from your employer:
- Are you paid at least at the minimum wage rate?
- Are you paid one and a half times your hourly rate for hours you worked over 40 hours per week?
- If you are a minimum wage employee, are you paid an extra hour for days you worked 10 hours or more?
- Is your employer taking tips that belong to you or requiring you to share your tips with nontipped employees?
- Does your employer force you to work extra time you are not paid for?
If you answered “No” to Question 1, you may have a claim for unpaid minimum wages.
If you answered “No” to Question 2, you may have a claim for unpaid overtime wages.
If you answered “No” to Question 3, you may have a claim for unpaid spread of hours pay (the New York State law that requires employers to pay their employees an extra hour’s pay if the employees work 10 hours or more in one day and are paid at the minimum wage rate).
If you answered “Yes” to Question 4, you may have a claim for unlawful deductions or illegal tip pooling.
If you answered “Yes” to Question 5, you may have claims for unpaid minimum wages, unpaid overtime wages, and unpaid spread of hours pay.
Federal and New York State law require that employers pay double the wages owed to victims of wage theft as liquidated damages.