If your employer failed to pay you for all the hours you worked, denied overtime, withheld earned wages, or classified you incorrectly to avoid paying overtime, you have legal options under federal and New York law. Wage violations can affect employees across industries, from hourly workers to salaried professionals improperly classified as exempt from overtime requirements.
Orin Kurtz represents employees throughout New York in wage-and-hour disputes, helping them understand their rights, evaluate potential claims, and pursue the compensation they have earned.
Helping New York Employees Pursue Unpaid Wage Claims
If you believe your employer failed to pay you properly, you deserve a clear understanding of your rights before deciding how to move forward. Wage and hour laws can be complex, and employers do not always classify workers or calculate pay correctly. Orin Kurtz helps employees evaluate potential claims, explain their legal options, and pursue the compensation they are owed.
Depending on your circumstances, Attorney Katz can:
- Review your pay records and employment documents
- Determine whether wage and hour laws may have been violated
- Calculate unpaid wages and overtime
- Negotiate with your employer when appropriate
- Pursue litigation when a negotiated resolution is not possible
Whether your claim involves unpaid overtime, off-the-clock work, withheld commissions, or another wage dispute, trust Orin to protect your rights and seek the compensation you have earned. Get in touch today.
What Counts as Unpaid Wages?
Unpaid wages involve more than a missed paycheck. Employers must pay employees in accordance with applicable wage-and-hour laws and the terms of their employment.
Depending on your circumstances, unpaid wages may include:
- Regular hourly wages
- Unpaid overtime
- Minimum wage violations
- Earned commissions
- Promised bonuses that have become payable
- Improper deductions from paychecks
- Failure to pay for required training, meetings, or travel time
- Unpaid final wages when employment ends
Even relatively small underpayments can add up over months or years. An attorney can help determine whether your employer’s pay practices comply with the law.
Common Wage and Overtime Violations
Many employees do not realize their employer’s pay practices may violate state or federal law. Some of the most common wage and hour issues include:
Working Off the Clock
If you are required to begin work before clocking in, finish tasks after clocking out, answer work emails outside scheduled hours, or perform other uncompensated work, you may be entitled to additional wages.
Unpaid Overtime
Non-exempt employees are generally entitled to overtime pay for hours worked in excess of 40 in a workweek. Employers cannot avoid overtime obligations simply by paying an employee a salary or assigning a particular job title.
Employee Misclassification
Some employers improperly classify workers as exempt employees or independent contractors when they should be eligible for overtime protections and other benefits available to employees.
Improper Payroll Deductions
Employers generally cannot make unauthorized deductions that reduce an employee’s wages below the minimum required by law or otherwise violate New York labor laws.
Unpaid Commissions or Incentive Pay
Commission disputes often arise when employment ends or compensation plans are unclear. Whether commissions are owed depends on the terms of the applicable agreement and New York law.
Am I Entitled to Overtime Pay?
Whether you qualify for overtime depends on your job duties and how you are paid, not simply whether you receive a salary.
Many employees mistakenly believe they are ineligible for overtime because they are salaried. In reality, federal and New York law recognize several exemption categories, and employers sometimes misclassify workers who should receive overtime compensation.
Determining whether an employee is properly classified requires a careful review of factors such as:
- Primary job duties
- Level of managerial authority
- Decision-making responsibilities
- Compensation structure
- Industry-specific requirements
If you regularly work more than 40 hours each week without receiving overtime pay, it is worth having your situation reviewed.
What Compensation May Be Available?
Employees who successfully pursue wage claims may recover unpaid wages, unpaid overtime, and, in many cases, liquidated damages under New York or federal law. Depending on the circumstances, interest, attorneys’ fees, and litigation costs may also be available. The remedies in any particular case depend on the facts, the applicable statutes, and the length of the violation.
Talk to a New York Unpaid Wages and Overtime Lawyer
You should not have to wonder whether you were paid correctly for the work you performed. If you believe your employer failed to pay earned wages, denied overtime, or violated wage and hour laws, legal guidance can help you understand your options.
Contact Orin Kurtz today to schedule a consultation and discuss your potential unpaid wages or overtime claim.