Sue Employer for Unpaid Wages in New York

In short, yes, you are legally allowed to sue your employer in New York for not paying you earned wages. Not paying you correctly can include unpaid wages, failure to pay you the minimum wage, not compensating you for overtime, and other wage violations. Unpaid wages or a denial of the wages, salary, or benefits that an employee is entitled to receive are all forms of wage theft.

In New York, wage theft may occur when:

• An employer fails to pay overtime pay
• An employer fails to meet minimum wage requirements
• The employees are intentionally miscategorized in a way so that they are paid less than they should be
• Clerical or administrative errors are made
• An employee is not paid for all of their services
• There are disputes regarding paid leave or other benefits
• Salaries are withheld when an employee files for disability
• Business expenses paid out of pocket are not reimbursed when they should be

Another instance of unpaid wages is if a deduction is made by an employer that violates the terms of an employment contract between the employee and the employer. In any of the above situations, an employee may initiate an unpaid wages lawsuit under New York labor laws. Employees also have other recourse outside of filing a civil lawsuit.

What Should I Do if My Employer Has Not Paid Me?

The statute for unpaid wages in New York is covered under the New York Labor Law. Specifically, the Wage Theft Prevention Act (“WTPA”) is the law that protects employees from wage theft. That Act requires employers to provide written notice of wage rates, pay dates, and other important information.

If your employer has not paid you in New York, you should take the following steps:

• Check Your Employment Agreement: It is important to review your employment contract or company handbook in order to understand your rights and any specific terms regarding payment
• Contact Your Employer: You may also try to resolve issues regarding unpaid wages directly with your employer by discussing the missed payments and requesting a resolution
• File a Complaint with the New York State Department of Labor: Under New York employment laws, you are allowed to file a claim with the Department of Labor for unpaid wages, overtime, or other wage violations
  • The Department of Labor will then investigate your complaint and may take action on your behalf to recover your unpaid wages
• Seek Legal Assistance: If you are unable to resolve your unpaid wage issue with your employer, then you may consider consulting with an employment lawyer who can provide you with legal advice and initiate a lawsuit on your behalf
• Contact Nonprofit Legal Assistance Organizations: There are also organizations that offer free legal assistance to New York workers facing wage theft issues

It is important to note that the statute of limitations for filing a claim for unpaid wages is six years. This means that you have six years from the date of the unpaid wages in order to initiate a lawsuit against the employer. Any claims brought after that date may be dismissed for failure to meet the statute of limitations.

How Do I File an Unpaid Wages Complaint?

Filing a wage and hour claim in New York requires you to follow certain legal procedures. The legal procedures are as follows:

• Complete the Labor Standards Complaint Form (LS223): This form may be found on the New York State Department of Labor’s website, or you can request a copy by calling the Department of Labor
• Submit the Form: You must then submit the completed form by mail to the Division of Labor Standards, Harriman State Office Campus, Building 12, Room 185B, Albany, NY 12226, or by filing the claim online through the Department of Labor’s website
• Investigation: Once your claim has been filed, the Department of Labor will investigate your complaint
  • An investigator may contact your employer and request information in order to resolve the issue directly
• Compliance Conference: In some cases, a compliance conference may be held where you and your employer will be called to discuss the issues and attempt to reach a resolution
• Order to Comply: If the investigation finds that your employer has violated labor laws, the Commissioner of Labor may issue an Order to Comply, requiring the employer to pay you your owed wages

In addition to the above method, you may also hire an attorney to file an unpaid wages lawsuit against your employer in civil court. Unpaid wage civil lawsuits in New York can be filed in different courts depending on the amount you are alleging you are owed:

• Town or Village Courts: For claims up to $3,000
• City Courts: For claims up to $5,000
• New York City Civil Court: For claims over $5,000 if you live in New York City
• New York State Supreme Court: For claims over $5,000 if you live outside of New York City

How Much Can I Sue for Unpaid Wages?

In New York, there isn’t a specific maximum amount you can sue for unpaid wages. This means that you can sue for any amount of unpaid wages you are owed. Your lawsuit can include claims for back pay, overtime, or other benefits.

However, it’s important to once again note that the statute of limitations for filing a claim is six years from the date the wages were due. Failure to timely file a claim will result in your claim being dismissed.

What Are the Legal Consequences and Remedies for Unpaid Wages?

Withholding salary and other wage infractions are illegal in New York and may result in severe legal consequences. These legal consequences can include:

• A damages award, paid by the employer to the defendant employee to make up for lost wages and other costs
• A required change in company policies, replacing the policies that led to the infraction
• Termination of the employer or supervisor who was responsible for the unpaid wages
• Other business consequences such as a suspension of professional licenses, civil fines, and other penalties

In most cases, the damages award issued by the court is enough to help the employee recover the losses incurred by the employer’s wage violation. Examples of common remedies in unpaid wages claims include:

• Recovery of all unpaid wages for the hours you worked
• Reinstatement of the employee to their former position
• Recovery for attorney fees incurred during the unpaid wages lawsuit
• In rare cases, a court may issue punitive damages or penalty damages

How Can I Prove an Unpaid Wages Claim?

In order to an unpaid wages claim in New York, you will need to present sufficient evidence of unpaid wages, including evidence such as:

• Pay Stubs: Pay stubs demonstrate the wages you were actually paid and can help identify any discrepancies
• Time Records: Documentation of your work hours, including timesheets or schedules, to demonstrate the hours you worked
• Employment Contract: Your contract outlines the agreed-upon wages and terms of employment
• Communication Records: Emails, letters, or other communications with your employer regarding wages and payment issues
• Witness Testimony: Statements from coworkers or supervisors who can attest to your work hours and payment issues
• Bank Statements: These statements demonstrate if and when payments were deposited into your account

Collecting all of the above evidence will help build a strong case to support your claim for unpaid wages. Consulting with a local New York lawyer is also recommended, as they can help you gather such evidence and provide you guidance on the best way to present your evidence in court.

What Kind of Lawyer Do I Need for Unpaid Wages Claims?

If you believe that your employer has violated federal or New York wage laws, you should first immediately contact your human resources department to attempt to resolve your issue directly with your employer.

If the human resources department is unable to assist you in recovering your lost wages, you should then contact the federal or state department responsible for enforcing the wage laws in your area.

If the federal or state departments are unable to assist in recovering your lost wages, then it is in your best interests to consult an experienced New York employment attorney. LegalMatch can assist you in locating and setting up a consultation with an experienced lawyer who handles unpaid wage claims.

A lawyer will be able to ensure that you meet all state deadlines for filing your unpaid wage lawsuit and assist you in following all the appropriate procedures to pursue your claim. Finally, an attorney will be able to draft your civil lawsuit and can also represent you in court, as needed.