Stolen Wages?
Get Every Dollar You're Owed.

New York has some of the strongest worker protections in the country. Two overlapping frameworks govern wage and hour claims: the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) sections 190 through 199-a. In nearly every case, New York law provides broader coverage, higher damages, and a longer statute of limitations.

Minimum Wage

The federal minimum wage remains $7.25/hour. New York's minimum wage for Long Island, Westchester, and NYC is $17.00/hour (as of January 1, 2026), with future increases indexed to the CPI starting in 2027. Employers who pay below the applicable rate owe the difference for every hour worked — plus 100% liquidated damages.

Overtime

Non-exempt employees must receive 1.5 times their regular rate for every hour worked beyond 40 in a workweek. There is no daily overtime threshold in New York, but the weekly threshold is strictly enforced. Employers cannot average hours across multiple weeks to avoid paying overtime.

Spread-of-Hours

If your workday spans more than 10 hours (from first clock-in to final clock-out, including breaks), you are entitled to an extra hour of pay at the minimum wage rate. This protection applies regardless of how many hours you actually worked during that span.

Wage Theft Prevention Act

Employers must provide a written wage notice at the time of hire and annually thereafter, detailing your pay rate, overtime rate, pay day, and employer information. They must also provide accurate, itemized pay stubs with every paycheck. Violations carry penalties of up to $5,000 per employee.

Liquidated Damages — NY Labor Law section 198

If your employer willfully fails to pay wages owed, you can recover liquidated damages equal to 100% of the unpaid amount, effectively doubling your recovery. Combined with pre-judgment interest and mandatory attorney's fees, the total can far exceed the original underpayment.

Statute of Limitations

Under the NYLL, you have 6 years to file a wage claim — compared to just 2 years under the FLSA (3 years for willful violations). Filing under state law is almost always the better strategy for New York workers.

Worker Misclassification

Employers who label workers as "independent contractors" to avoid paying overtime, benefits, and payroll taxes are committing misclassification. New York applies an "economic reality" test: if the employer controls when, where, and how you perform your work, you are an employee regardless of your contract label. Misclassified workers can recover all unpaid overtime and benefits they were denied.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act represents the federal floor for worker protections in the United States. Enacted in 1938, the FLSA establishes the $7.25 per hour federal minimum wage, requires overtime pay at 1.5 times the regular rate for hours beyond 40 per workweek, mandates detailed record-keeping by employers, and sets standards for child labor.

For Long Island workers, the FLSA serves as a baseline — New York state law builds substantially upon these federal protections. However, the FLSA remains critically important because it provides the mechanism for collective actions under Section 216(b), allowing groups of similarly situated workers to join together in a single lawsuit.

Additionally, the FLSA applies to virtually all employers engaged in interstate commerce and to enterprises with annual gross sales of at least $500,000. This broad jurisdictional reach means nearly every employer on Long Island is covered by the FLSA's minimum wage and overtime requirements.

One of the most significant aspects of the FLSA is its treatment of the employee-versus-independent-contractor distinction. Misclassification is one of the most pervasive wage theft tactics on Long Island. When an employer labels a worker as an independent contractor, that worker loses minimum wage protections, overtime pay, unemployment insurance, workers' compensation, and employer-paid payroll taxes.

The FLSA applies an "economic reality" test to determine true employment status. This test examines the degree of employer control, the worker's opportunity for profit or loss, investment in equipment, permanence of the relationship, the degree of skill required, and whether the work is integral to the employer's business.

Courts have consistently held that the employer's label is not determinative — the economic reality of the relationship controls. The FLSA also provides for "liquidated damages" equal to the full amount of unpaid wages owed, effectively doubling the worker's recovery.

In addition, workers who prevail recover reasonable attorney's fees and court costs. This fee-shifting provision makes it economically viable for workers to bring claims regardless of the individual amount owed — the employer, not the worker, pays legal fees.

New York Labor Law — Stronger Protections

New York provides significantly stronger protections for workers than federal law requires. For employees in Nassau County and Suffolk County, the minimum wage is $17.00 per hour as of January 1, 2026, with additional annual increases indexed to the CPI beginning in 2027 — more than double the federal minimum of $7.25. Overtime remains required for all non-exempt employees at 1.5 times the regular rate for every hour beyond 40 per workweek.

New York also adds critical protections that the FLSA does not provide. The "spread of hours" rule requires employers to pay an additional hour at the applicable minimum wage rate whenever an employee's workday spans more than 10 hours — measured from first clock-in to final clock-out, including breaks.

This protection is unique to New York. Employers in the restaurant, retail, and healthcare industries frequently violate it, since split shifts and extended workdays are the norm in those sectors.

New York's meal period requirements provide another essential layer of protection that federal law lacks entirely. Employees working shifts over six hours that extend from 11:00 a.m. to 2:00 p.m. are entitled to a 30-minute uninterrupted meal break. Those whose shifts begin before 11:00 a.m. and continue past 7:00 p.m. must receive an additional 20-minute break between 5:00 p.m. and 7:00 p.m.

Employees working shifts over six hours starting between 1:00 p.m. and 6:00 a.m. are entitled to a 45-minute meal break midway through their shift. These requirements cannot be waived, and employers who require work during meal periods must compensate workers for that time.

Additionally, New York's "call-in" or "reporting" pay provisions require employers to pay at least four hours at minimum wage when an employee reports to work as scheduled and is sent home early. This prevents the exploitative practice of calling workers in and dismissing them without meaningful compensation for their time and travel.

The Wage Theft Prevention Act (WTPA), enacted in 2011 and strengthened in subsequent amendments, imposes critical notice and record-keeping requirements on every New York employer. At hiring, employers must provide a written wage notice under Labor Law Section 195(1) specifying the employee's pay rate, overtime rate, pay day, and employer information — in the employee's primary language.

With every paycheck, employers must also provide an accurate, itemized pay stub under Labor Law Section 195(3) showing hours worked, rates of pay, gross wages, deductions, and net wages.

Violations of the wage notice requirement carry penalties of $50 per workday per employee, up to $5,000. Pay stub violations carry $250 per workday per employee, up to the same $5,000 cap. These penalties are recoverable through a private lawsuit, in addition to any unpaid wages owed. The WTPA is a powerful enforcement tool because it creates independent claims even when the underlying wage payment is technically correct — an employer who pays correctly but fails to provide proper notices and pay stubs still faces substantial liability.

Overtime Exemptions and Misclassification

Not all employees qualify for overtime protection under the FLSA or New York Labor Law. Both statutes exempt certain categories of "white collar" employees from overtime requirements: executive, administrative, professional, outside sales, and computer employees. However, these exemptions are narrow, strictly construed by courts, and frequently misapplied by employers seeking to avoid overtime obligations.

The burden of proving that an exemption applies falls squarely on the employer. Courts interpret these exemptions against the employer and in favor of the worker. Misapplication of overtime exemptions is one of the most common wage and hour violations our firm encounters on Long Island.

To qualify for the executive exemption, an employee must earn a salary at or above the applicable threshold, have the primary duty of managing a department, customarily direct the work of two or more full-time employees, and have genuine authority to hire or fire.

The administrative exemption requires a salary above the threshold, a primary duty of office work related to management or general business operations, and the exercise of discretion and independent judgment. The professional exemption applies to learned professionals whose work requires advanced knowledge acquired through prolonged, specialized intellectual instruction.

Under the FLSA, the minimum salary for white collar exemptions is $35,568 per year ($684 per week). New York sets a higher threshold — for Long Island, the minimum salary for exemption is $1,200 per week ($62,400 per year). Any employee paid below the applicable salary threshold is automatically entitled to overtime, regardless of job title or duties.

Misclassification of non-exempt employees as "exempt" salaried workers — or as independent contractors — is the single most common wage theft strategy on Long Island. Construction employers routinely classify laborers and electricians as independent contractors to avoid overtime and workers' compensation.

Restaurants frequently misclassify line cooks and prep workers as exempt, paying flat weekly salaries while requiring 50 to 60 hours per week without overtime. Nail salons, home health care agencies, trucking companies, and retail establishments are among the worst offenders in Nassau and Suffolk Counties.

In every case, the employer's label does not determine the worker's legal status — the actual duties and the economic reality of the relationship control. When an employer misclassifies a worker and fails to pay overtime, the worker can recover all unpaid overtime for up to six years under New York Labor Law, plus 100% liquidated damages, pre-judgment interest, and reasonable attorney's fees.

Wage theft often intersects with broader employment violations. If your employer also subjected you to retaliation for complaining about pay, wrongful termination, or employment discrimination, we pursue all claims together to maximize your recovery.

Workers denied proper wages have several legal avenues to pursue recovery. The first option is filing an administrative complaint with the New York Department of Labor (DOL), which investigates claims and can order the employer to pay back wages and penalties. The second option is filing a private lawsuit in state or federal court, which typically produces a larger and faster recovery because it allows for liquidated damages, attorney's fees, and pre-judgment interest.

In many cases, pursuing both avenues simultaneously — or choosing private litigation from the outset — is the most effective strategy. At the Law Office of Jason Tenenbaum, we evaluate every client's situation individually and recommend the path most likely to maximize total recovery.

One of the most powerful tools in wage and hour litigation is the ability to bring claims on behalf of groups of workers. Under Section 216(b) of the FLSA, workers can bring "collective actions" — an opt-in process where similarly situated employees join the lawsuit. Under New York state law and Federal Rule 23, workers can bring class actions — an opt-out process where all affected employees are automatically included unless they choose to exclude themselves.

Class and collective actions are enormously effective because they aggregate many small individual claims into a single, substantial case that justifies litigation costs and puts significant financial pressure on the employer. For example, if 50 restaurant workers were each denied $10,000 in overtime over six years, a class action consolidating those claims into a $500,000 case — doubled to $1 million with liquidated damages — commands the employer's immediate attention.

The investigation process in a wage and hour case involves a thorough review of all available evidence: time records, pay stubs, employment contracts, employee handbooks, job descriptions, and payroll records. We compare the hours actually worked against the hours recorded and the compensation actually paid.

In many cases, employers maintain incomplete or falsified records — which actually works in the employee's favor. Courts accept the employee's reasonable estimates of hours worked when the employer fails to maintain accurate records as required by law. We also review the employer's classification decisions to determine whether workers labeled as "exempt" or "independent contractors" actually meet the strict legal criteria.

The statute of limitations is a critical factor in every wage and hour case. Under the FLSA, workers have two years to file a claim — or three years if the violation was "willful." Under New York Labor Law Section 198, the statute of limitations is six years. This dramatically longer lookback period is one of the primary reasons we almost always file wage claims under New York law.

For a worker denied overtime for six years, the difference between a two-year and six-year recovery period can mean tens of thousands of additional dollars. Because the clock is always running, we strongly encourage any worker who suspects a wage violation to consult an attorney as soon as possible — every week of delay is a week of wages that may fall outside the recovery window.

New York law provides one of the most comprehensive recovery frameworks for wage theft victims in the country. The damages available in a wage and hour case go far beyond simply recouping the wages your employer failed to pay. Understanding the full scope of potential recovery is important because many workers underestimate the value of their claims — and employers count on that underestimation to avoid accountability.

The foundation of every wage claim is the unpaid wages themselves — the full amount of minimum wage, overtime, spread-of-hours pay, or other compensation your employer failed to pay. This is calculated by reconstructing your actual hours worked over the recovery period and comparing them against what you were actually paid.

On top of the unpaid wages, New York Labor Law Section 198 provides for liquidated damages equal to 100% of the unpaid amount. This effectively doubles your recovery. For example, if your employer owes you $40,000 in unpaid overtime, you can recover an additional $40,000 in liquidated damages — bringing the wage-related recovery alone to $80,000. The employer bears the burden of proving good faith compliance; absent that showing, liquidated damages are mandatory.

Beyond wages and liquidated damages, you can recover pre-judgment interest on the unpaid wages, compensating you for the time value of money you should have received when you earned it. New York also mandates that the employer pay your reasonable attorney's fees and litigation costs if you prevail — meaning your recovery is not reduced by legal expenses.

Additionally, if your employer violated the Wage Theft Prevention Act by failing to provide proper wage notices or pay stubs, you can recover statutory penalties of $50 per workday for wage notice violations and $250 per workday for pay stub violations, each capped at $5,000. These penalties accumulate independently of any unpaid wage claim.

The six-year lookback period under New York Labor Law makes the potential recovery substantial even for workers earning modest hourly wages. Consider a worker earning $17.00 per hour who works 10 hours of unpaid overtime per week. The overtime rate is $25.50 per hour, meaning the weekly underpayment is $255.00. Over 52 weeks, that totals $13,260 per year. Over the full six-year recovery period, unpaid wages alone reach $79,560.

Add 100% liquidated damages and the total climbs to $159,120 — before accounting for pre-judgment interest, WTPA penalties, and attorney's fees. For workers underpaid for years, the total recovery routinely exceeds six figures. This is why employers fight so hard to prevent these claims from being filed — and why having an experienced wage and hour attorney is essential to ensuring you receive every dollar the law entitles you to.