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Fighting Back Against Unpaid Wages and Overtime Violations in New York

Oct 30, 2025

Hardworking New Yorkers show up every day to keep businesses running — from hospitals and warehouses to offices and restaurants. But too often, those same workers aren’t paid what they’re owed.

When employers fail to pay the full amount of earned wages or overtime, they’re not just cutting corners — they’re breaking the law. Unpaid wages are wage theft, and workers have powerful legal rights to recover their money.

At WRKRS Law Firm, we fight for employees across New York who have been denied fair pay. Whether your employer misclassified you, withheld overtime, or simply didn’t pay you for all your hours, our team is here to set things right.

Your Right to Be Paid Fairly

Under New York Labor Law and the Fair Labor Standards Act (FLSA), every employee is entitled to:

  • Payment for every hour worked
  • Overtime pay (time and a half) for all hours over 40 per week
  • Timely payment of wages, typically every week or every two weeks

If your employer violates any of these rights, you can pursue compensation for unpaid wages, unpaid overtime, interest, and additional penalties.

Employers who fail to pay fairly can be held legally and financially responsible — even if they acted “by mistake.”

What Counts as Wage Theft?

Wage theft comes in many forms. Some are obvious, while others are subtle and harder to detect. Common examples include:

  • Not paying overtime: Requiring you to work more than 40 hours a week without paying time and a half.
  • Off-the-clock work: Asking you to clock out before finishing tasks like cleaning, prepping, or closing duties.
  • Misclassification: Labeling you as an “independent contractor” or “exempt employee” to avoid paying overtime.
  • Unpaid breaks: Deducting lunch breaks even when you worked through them.
  • Illegal deductions: Taking money from your paycheck for uniforms, tools, or other expenses.
  • Delayed paychecks: Repeatedly paying late or skipping pay periods entirely.

Wage theft isn’t limited to hourly workers. Salaried employees and independent contractors can also be victims if their compensation doesn’t meet legal standards.

The Impact on Workers and Families

For many New Yorkers, every paycheck matters. When wages go missing, it can quickly spiral into financial stress — unpaid bills, missed rent, and even debt.

Beyond the numbers, wage theft is a deep personal violation. It undermines the dignity of your work and the trust you place in your employer.

At WRKRS Law Firm, we believe no worker should ever have to fight alone to be paid fairly. We take on powerful companies that exploit employees — and we don’t stop until justice is served.

How to Recognize Overtime Violations

Under New York law, most employees are entitled to 1.5 times their regular rate of pay for every hour worked beyond 40 in a week.

However, many employers use tricks to avoid paying overtime, such as:

  • Misclassifying employees as “managers” or “exempt” when they perform non-managerial duties.
  • Paying a flat weekly rate regardless of hours worked.
  • Averaging hours over two or more weeks to hide overtime hours.

If your paycheck doesn’t reflect the extra time you’ve worked, it’s important to take action. Keeping detailed time records — such as photos of schedules, text messages, or clock-in data — can make a big difference in proving your case.

You May Be Owed More Than You Think

New York law allows employees to recover unpaid wages and additional damages — meaning you can get back more than just what you’re owed.

You may be entitled to:

  • Full unpaid wages and overtime pay
  • “Liquidated damages” equal to 100% of the unpaid amount (doubling your recovery)
  • Interest on unpaid wages
  • Attorney’s fees and court costs

In other words, if you were shorted $5,000 in unpaid overtime, you may be able to recover $10,000 or more once penalties and interest are added.

At WRKRS, our team calculates every dollar you’re owed and fights for the maximum compensation allowed under the law.

What to Do If You Haven’t Been Paid Correctly

If you suspect your employer isn’t paying you fairly, take the following steps:

  1. Document everything. Keep pay stubs, timecards, work schedules, or any communications about hours worked.
  2. Write down your hours. Even if your employer controls the clock system, your own records help verify unpaid time.
  3. Avoid signing anything. Don’t sign releases or agreements without legal review — they may limit your rights.
  4. Contact WRKRS Law Firm. We’ll review your pay records, explain your rights, and outline your best options for recovery.

Remember: You’re protected from retaliation. Employers cannot legally fire, demote, or punish you for asserting your wage rights.

How WRKRS Law Firm Helps

We understand how intimidating it can be to stand up to your employer — especially when your paycheck is on the line. But you don’t have to do it alone.

Our employment law team handles:

  • Wage and hour disputes
  • Unpaid overtime cases
  • Misclassification claims
  • Collective actions for groups of underpaid employees

We’ll handle the legal details, negotiate directly with your employer, and, if necessary, file a claim in court or with the New York Department of Labor.

And because we work on a contingency fee basis, you pay no fees unless we win your case.

Your Work Deserves Respect — And Fair Pay

When you give your time, effort, and energy to your job, you deserve every penny you’ve earned.

At WRKRS Law Firm, we help hardworking New Yorkers reclaim their wages, protect their jobs, and restore their confidence. Whether you’re missing overtime, unpaid bonuses, or full salary, we’ll fight to make it right.

If your employer has failed to pay you what you’re owed, reach out today for a free consultation. Let’s make sure you’re treated — and paid — with the respect you deserve.

Because at WRKRS, you work hard for your paycheck — and we work hard to protect it.

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