New York has some of the strongest wage theft protections in the country. The Wage Theft Prevention Act (WTPA) and related laws provide multiple avenues for workers to recover unpaid wages.
Common forms of wage theft: Failure to pay minimum wage, unpaid overtime, stolen tips, off-the-clock work, misclassification as independent contractors, and failure to provide required pay stubs.
Wage notice requirements: Under the WTPA, employers must provide new hires with a written notice including rate of pay, overtime rate, regular payday, employer name and address, and any allowances claimed. This notice must be in the employee's primary language.
Filing a complaint:
NYS Department of Labor: You can file a wage claim with the DOL at no cost. They investigate and can order the employer to pay back wages plus interest and penalties.
Civil lawsuit: Under the New York Labor Law, you can recover up to 6 years of unpaid wages (compared to 2-3 years under federal law), plus liquidated damages of 100% of the unpaid amount, and reasonable attorney fees.
Penalties for employers: Employers who fail to provide required wage notices face penalties of $50 per day per employee. Willful wage theft can result in criminal charges.
Retaliation protection: It is illegal for employers to retaliate against employees who file wage complaints. If terminated for making a complaint, you can pursue a retaliation claim for additional damages.