Fight Wage Theft in NYC: Win Your WTPA Claim Today
TL;DR: If your New York employer failed to provide a proper new-hire wage notice, accurate wage statements, or full and timely pay, you may have a claim under New York’s Wage Theft Prevention Act (WTPA). You can seek unpaid wages, liquidated damages, statutory penalties for notice/statement violations, interest, and attorneys’ fees. Deadlines apply—many NY wage claims can be brought within up to six years. Contact us to discuss your options.
What Is the Wage Theft Prevention Act (WTPA)?
New York’s WTPA strengthens workers’ rights to clear wage information and full, timely pay. Among other things, it requires employers to give a compliant wage notice at hire and accurate wage statements each pay period, to keep payroll records, and prohibits retaliation for asserting wage rights. See N.Y. Lab. Law § 195 and § 215; see also the NY DOL overview of the WTPA here.
Who Is Covered
Most employees working in New York are covered, including full-time, part-time, and many tipped and service workers. Certain positions have special rules or exemptions. Independent contractors are generally not covered by the WTPA, but workers misclassified as contractors may actually be employees entitled to protections.
Employer Obligations Under WTPA
- New-hire wage notice: Provided at hire in English and, if the Department of Labor offers a model notice in the employee’s primary language, in that primary language. The notice must include key pay information. § 195(1)(a).
- Wage statements: Accurate pay stubs each pay period showing dates of work covered, rates of pay, hours (if non-exempt), gross and net wages, deductions, and any allowances (e.g., tip credit). § 195(3).
- Recordkeeping: Keep payroll records for at least six years and furnish statements. § 195(4).
- No retaliation: Employers may not retaliate against workers who in good faith inquire about pay, complain, or participate in investigations. § 215.
Common Wage Theft Scenarios in NYC
- Unpaid minimum wage or overtime
- Off-the-clock work or time-shaving
- Illegal deductions
- Misclassification as exempt (salaried) or as an independent contractor
- Tip credit and tip pooling violations
- Failure to provide a compliant new-hire wage notice
- Wage statements that omit required details or list the wrong rate
What You Can Recover
Depending on the facts and proof, available remedies can include:
- Unpaid wages and liquidated damages (generally equal to 100% of the underpayment unless the employer proves good faith). § 198(1-a).
- Statutory damages for notice and statement violations—currently up to $5,000 for failure to provide a compliant hire notice and up to $5,000 for wage statement violations. § 198(1-b), (1-d).
- Pre-judgment interest and reasonable attorneys’ fees. § 198.
Quick Tips to Protect Your Rights
- Save every pay stub and take photos of them in case you lose access.
- Keep a personal timesheet noting start/end times, breaks, and off-the-clock tasks.
- Do not sign anything about your pay dispute without legal advice.
- If you are paid in cash, note dates, amounts, and who paid you.
Claim Checklist
- Pay stubs and time records
- Offer letters or hiring texts/emails
- Schedules and clock-in/out screenshots
- Notes of hours worked and rates promised
- Names of coworkers who can confirm hours or pay practices
How to Start Your WTPA Claim
- Gather pay stubs, time records, schedules, direct deposit slips, offer letters, and any texts or emails about your pay.
- Write a timeline of hours worked, rates promised, and what you were actually paid.
- Identify witnesses who observed your work or discussed pay with you.
- Avoid discussing your claim at work beyond what’s necessary.
- Consult an employment attorney to evaluate options, evidence, and potential damages.
Filing Options: Agency Complaint or Lawsuit
You may file with the New York State Department of Labor or bring a civil action in court. Each route has tradeoffs (timing, scope of recovery, and process). See the NY DOL complaint portal here. An attorney can help you choose the best approach for your goals.
Retaliation Is Illegal
Employers may not retaliate against workers who, in good faith, complain about wages, request records, or participate in investigations. Retaliation can include firing, demotion, schedule cuts, threats, or immigration-related coercion. Remedies may include reinstatement, back pay, and other damages authorized by § 215.
Evidence That Strengthens Your Case
Strong cases rely on consistent records: pay stubs, timesheets, clock-in/out data, calendar notes, tip sheets, emails or messages about schedules, and coworker statements. Even if the employer kept poor records, your credible testimony and contemporaneous notes can carry significant weight.
Special Issues for Tipped and Service Workers
New York allows a tip credit only if strict conditions are met, including proper notice and compliance with tip pooling and overtime rules. If those conditions are not met, the employer may owe the full minimum wage (without the credit) and additional overtime amounts. See the NY DOL’s Hospitality Industry Wage Order guidance here.
Misclassification Problems
Job titles do not control whether an employee is exempt from overtime or truly an independent contractor. If your actual duties and the employer’s level of control do not fit a bona fide exemption or contractor status, you may be entitled to overtime and full wage protections.
Deadlines and Timing Considerations
Time limits apply. Under New York Labor Law, many wage claims can be brought within six years, but timing and forum (agency vs. court) can affect recovery and process. Act promptly to preserve evidence and avoid missing critical windows. See § 198(3).
What to Do If You Fear Immigration-Related Retaliation
New York wage laws protect all workers regardless of immigration status. If you fear retaliation, speak with counsel about protective steps. Retaliation based on immigration-related threats is prohibited by § 215.
How Our Firm Can Help
We investigate quickly, calculate unpaid wages and damages, preserve evidence, negotiate with employers, and, when necessary, file suit to enforce your rights. Most matters start with a confidential consultation where we assess your claim and map a strategy tailored to your goals.
FAQs
How far back can I recover wages in New York?
Many wage claims can reach back up to six years under New York Labor Law, but deadlines depend on the claim type and forum. Act quickly to preserve evidence.
Do I need my pay stubs to win?
No. Your testimony, notes, and other records can support your claim, especially if the employer failed to keep proper records.
Can my employer fire me for complaining about wages?
No. Retaliation is illegal. You may be entitled to additional remedies if it happens.
Are tipped workers protected?
Yes. Tip credits are allowed only if strict conditions are met. Otherwise, employers may owe the full minimum wage and corrected overtime.
What if I was paid in cash?
Cash payments do not waive your rights. Keep detailed notes and any proof of payments.
What are my next steps?
Collect your records and speak with a New York employment attorney about filing with NY DOL or pursuing a lawsuit.