What Is Wage Theft?
Wage theft occurs when an employer fails to pay employees the compensation they earned. It can happen to hourly employees, salaried employees, executives, salespeople, tipped workers, remote employees, healthcare workers, restaurant workers, administrative staff, and managers. Wage theft is not always obvious. Sometimes it is hidden in payroll practices, job titles, timekeeping rules, or commission plans.
Examples of Wage Theft
Wage theft may include:
- Unpaid overtime.
- Paying less than the required minimum wage.
- Requiring off-the-clock work.
- Altering time records.
- Withholding tips or requiring unlawful tip sharing.
- Making illegal deductions from wages.
- Failing to pay earned commissions or bonuses.
- Delaying final pay after termination.
- Misclassifying employees as independent contractors.
- Misclassifying employees as overtime-exempt.
- Failing to provide required wage notices or wage statements.
Legal Protections
The Fair Labor Standards Act, 29 U.S.C. §§ 206 and 207, provides federal minimum wage and overtime rights. New York employees may also have claims under the New York Labor Law, including Article 6 and Article 19. The NYLL may allow employees to recover unpaid wages, liquidated damages, interest, statutory penalties, and attorneys’ fees, depending on the claim.
New York courts regularly address wage theft claims involving unpaid minimum wages, overtime, wage notices, wage statements, and related violations. Cases such as Yunganaula v. D.P. Grp. Gen. Contractors/Developers reflect the types of NYLL wage claims employees may bring, though every case depends on its facts.
Wage Theft and Retaliation
Employees are often afraid to complain about unpaid wages because they fear termination, reduced hours, immigration threats, bad references, or blacklisting. Retaliation for wage complaints may be unlawful. Employees should preserve pay stubs, time records, schedules, texts, emails, handbooks, tip records, commission plans, and any communications about pay.
Related Fingerhut Law Pages
Unpaid Minimum Wage and Overtime, Retaliation for Protected Activity, Wrongful Termination, Breach of Employment Contract, Whistleblower Retaliation.
Contact Fingerhut Law
If your employer failed to pay wages, overtime, tips, commissions, bonuses, or other earned compensation, contact Fingerhut Law for a confidential consultation.
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