Know the law: Wages, Overtime & Benefits

Wages, Overtime & Benefits: What you need to know

New York workers are protected by some of the strongest wage and hour laws in the country — but that doesn’t stop employers from breaking them. Whether it's unpaid overtime, missing wages, denied breaks, or stolen tips, these violations happen far more often than most people realize.

If you’ve been underpaid, misclassified, or denied legally required benefits, you may be entitled to compensation. And even if the dollar amounts seem small, wage theft cases can lead to back pay, penalties, interest, and legal fees — often adding up quickly.

Employers sometimes take advantage of employees who don’t know their rights, especially in service jobs, hospitality, construction, and gig work. But the law is clear: if you worked, you deserve to be paid.

Your Rights Include:

  • The right to minimum wage under NY and federal law (currently higher than federal in NYC)

  • The right to 1.5x overtime pay after 40 hours/week (unless exempt)

  • The right to paid sick leave, family leave, and sometimes health insurance

  • The right to timely and complete paychecks, with full accounting of hours worked

  • The right to keep your tips (employers cannot take or share them unfairly)

  • The right to report wage violations without fear of retaliation

  • The right to sue for unpaid wages, underpayment, or lost benefits

Whether you’re paid hourly, on salary, or by the job, these rights apply to most workers — regardless of immigration status.

  • Wage theft costs New York workers an estimated $1 billion every year.

  • More than 2 in 5 low-wage workers in NYC report not being paid overtime they earned.

  • Employees who pursue legal action for unpaid wages recover, on average, 3 times more than those who don’t.

  • Victims of unpaid overtime can recover up to double their owed wages in court.

Wages, Overtime & Benefits: Most Common Issues

Unpaid Overtime

You worked over 40 hours in a week but were not paid 1.5x your regular rate.

Off-the-Clock Work

Time spent setting up, cleaning, traveling, or checking emails outside shifts — without pay.

Tip Theft or Pooling Violations

Managers taking tips, illegal tip sharing, or failure to meet minimum wage with tips included.

Misclassification as Exempt or Contractor

Being wrongly labeled as salaried or an independent contractor to avoid paying overtime.

Denied Sick or Family Leave

Employers refusing or punishing use of NY Paid Sick Leave or Paid Family Leave.

Late or Missing Paychecks

Delays in pay, bounced checks, or incorrect amounts without explanation.

No Meal or Rest Breaks

Especially common in retail, hospitality, and service jobs — often without required breaks.

If You’ve Been Underpaid, You May Be Owed More Than You Think


Wage and benefit violations add up fast — and you have the legal right to claim what you’re owed. If you're missing overtime, tips, or proper benefits, an employment lawyer can help. Take action now and find out if you have a case.

Get a Free Wage & Overtime Case Review