Many workers in New York work long hours, show up early, stay late, and do whatever it takes to get the job done — only to discover later that they were never paid what they were legally owed. Wage theft is one of the most widespread labor violations in the state, yet it often goes unnoticed because it doesn’t always look like theft.

At WRKRS Law Firm PLLC, we represent employees who were underpaid for weeks, months, or even years without realizing it. Employers don’t always steal wages openly. Instead, they rely on confusing pay structures, misinformation, and silence to shortchange workers.

What Is Wage Theft?

Wage theft occurs when an employer fails to pay a worker the full compensation required by law. This includes violations of minimum wage, overtime, and other wage-related protections.

Under New York Labor Law, employees are entitled to be paid fully, accurately, and on time. When employers cut corners, manipulate time records, or misclassify workers, they may be committing wage theft — even if they claim it was a “mistake.”

Common Ways Employers Commit Wage Theft

Wage theft takes many forms, and some are easier to miss than others.

Common examples include:

• Failing to pay overtime for hours worked over 40 per week
• Requiring off-the-clock work before or after shifts
• Misclassifying employees as exempt from overtime
• Paying workers as independent contractors when they are employees
• Making illegal deductions from paychecks

Each of these practices can result in significant lost income over time.

Unpaid Overtime Violations

One of the most frequent wage theft issues involves overtime. In most cases, non-exempt employees must be paid one and one-half times their regular rate for every hour worked over 40 in a workweek.

Warning signs of overtime violations include:

• Being paid a flat salary regardless of hours worked
• Being told overtime is “included” in your pay
• Being discouraged from recording all hours worked
• Being paid straight time instead of time-and-a-half

Job title alone does not determine overtime eligibility. Many workers are incorrectly labeled as “managers” or “supervisors” to avoid paying overtime.

Off-the-Clock Work Adds Up Quickly

Off-the-clock work is another common form of wage theft, especially in industries like construction, healthcare, hospitality, and retail.

Examples include:

• Being asked to clock out but continue working
• Preparing work equipment before clocking in
• Completing paperwork or reports at home
• Staying late to clean or close without pay

Even small amounts of unpaid time can accumulate into thousands of dollars in lost wages over time.

Misclassification as an Independent Contractor

Some employers classify workers as independent contractors to avoid paying overtime, minimum wage, payroll taxes, and benefits.

Misclassification may occur when:

• The employer controls how and when the work is done
• The worker performs core business functions
• The worker relies on the employer for ongoing work
• The worker does not operate an independent business

If you’re treated like an employee but paid like a contractor, your employer may be violating New York labor laws.

Illegal Deductions and Pay Practices

New York law strictly limits what employers can deduct from paychecks.

Illegal deductions may include:

• Uniforms or equipment costs
• Cash register shortages
• Broken or lost property
• Training expenses
• Administrative fees

Employers cannot shift the cost of doing business onto workers through improper deductions.

Why Workers Often Don’t Realize Wage Theft Is Happening

Wage theft often goes unnoticed because employers:

• Use complicated pay structures
• Provide vague or incomplete pay stubs
• Discourage questions about wages
• Rely on workers’ fear of retaliation

Many workers assume their employer knows the law — but that assumption often benefits the employer, not the employee.

Retaliation for Reporting Wage Theft Is Illegal

New York law protects workers who complain about unpaid wages or overtime.

Illegal retaliation may include:

• Termination or demotion
• Reduced hours or pay
• Schedule changes
• Threats or harassment

Workers have the right to ask questions, file complaints, and pursue legal action without fear of punishment.

What You Can Recover in a Wage Theft Case

Workers who prove wage theft may be entitled to:

• Unpaid wages
• Overtime compensation
• Liquidated damages
• Interest
• Attorneys’ fees and costs

In many cases, the law allows workers to recover significantly more than just the unpaid wages.

How WRKRS Law Firm Helps Workers Recover Unpaid Wages

At WRKRS Law Firm PLLC, we take a strategic and aggressive approach to wage theft cases.

Our team:

• Reviews pay records and timekeeping practices
• Identifies misclassification and overtime violations
• Preserves evidence and payroll data
• Negotiates settlements or files legal claims
• Protects workers from retaliation

We combine legal expertise with modern tools to uncover violations that employers hope remain hidden.

You Deserve to Be Paid for Every Hour You Work

Wage theft is not a minor issue — it directly affects your ability to support yourself and your family. Every hour of work matters, and every dollar earned should be paid.

At WRKRS, we believe workers deserve transparency, fairness, and accountability. If you suspect you are being underpaid, it’s time to get answers.

Contact WRKRS Law Firm PLLC for a confidential consultation. We’ll help you understand your rights, recover what you’re owed, and hold employers accountable.

Because at WRKRS, protecting workers isn’t optional — it’s our purpose.