Wage & Hour Litigation

Your Rights Under New York Wage Laws

New York has consistently set its own standards for worker protections. While the federal minimum wage remains at $7.25 – unchanged since 2009 – New York’s minimum wage reached $16.50 in NYC, Long Island, and Westchester as of January 2025. Upstate workers now receive at least $15.50. These amounts will continue rising with inflation starting in 2027, according to the NY Department of Labor.

The Law Office of Jason Tenenbaum, P.C. regularly encounters employers struggling to adapt to these increasing wage requirements. Recently, we resolved a case for a Queens restaurant server earning just $12/hour – nearly $4.50 below the current minimum when accounting for tipped food service worker regulations in Long Island and other regions.

Federal vs. State Law: Which Governs Your Paycheck?

Federal and state laws frequently differ, and in New York, including Long Island, the stricter standard typically applies. Key differences include:

• Overtime eligibility begins after 40 hours under federal law, but some New York workers qualify for daily overtime
• The salary threshold for overtime exemption stands at approximately $35,000 federally compared to $60,405.80 in most New York areas, including Long Island
• Unlike federal law, New York mandates 30-minute meal breaks for shifts exceeding six hours

Frequent Wage Violations Employers Commit

After handling wage cases for nearly twenty years, our attorneys have encountered every possible violation method. Some appear obvious while others remain hidden, but all result in workers losing hard-earned income in places like Long Island.

Regional Wage Rate Manipulation

New York’s varying wage rates by location and industry sometimes lead to improper classifications. We successfully represented a Westchester hotel worker misclassified as “upstate” to avoid paying the higher metro wage rate – a $1/hour difference that accumulated to thousands in unpaid wages. Similar issues occur in Long Island, where regional wage distinctions are critical.

Overtime Violations

Some employers claim “We don’t pay overtime – take comp time instead,” which violates New York law for non-exempt workers. Another common tactic involves requiring employees to clock out but continue working. A Brooklyn warehouse worker we assisted documented 30 unpaid minutes daily completing paperwork after clocking out – totaling 130 hours annually. Long Island workers face comparable overtime violations.

Tip Credit Errors

Tipped worker regulations create frequent confusion. Employers must confirm tips plus cash wages meet minimum wage requirements, but many fail to perform this calculation. Our Manhattan bartender client discovered his employer took the maximum tip credit without verifying his actual tips covered the difference. More information on tip credits can be found on the Department of Labor website, which is vital for Long Island tipped employees.

Recent Changes to New York Worker Protections

2025 introduced several important updates employees should understand:

• Paid Prenatal Leave: Eligible workers receive up to 20 hours annually for prenatal care without accrual requirements
• Predictable Scheduling: Retail and fast food workers, including those in Long Island, gain protection against last-minute schedule modifications
• Wage Theft Penalties: New York now treats intentional underpayment as larceny

During a recent community workshop, multiple attendees initially doubted the prenatal leave provision. The reality is New York continues advancing worker protections beyond federal standards for Long Island and beyond.

Addressing Paycheck Discrepancies

Workers suspecting wage violations have more options than they might expect. New York permits recovery of:

• Up to six years of back wages (compared to three under federal law)
• Liquidated damages matching unpaid wages (effectively doubling recovery)
• Attorney’s fees (allowing legal representation without upfront costs)

Building a strong case begins with evidence collection – pay stubs, work schedules, pay-related communications. One client maintained detailed notes of unpaid work time while another photographed the time clock when required to clock out early. Thorough documentation often proves decisive for Long Island workers. The United States Department of Labor provides resources on record keeping requirements for employers.

Why Our Firm Stands Apart

The Law Office of Jason Tenenbaum, P.C. goes beyond basic legal filings to aggressively pursue justice. Last year, we recovered over $2.3 million for underpaid New York workers, including those in Long Island. Our distinctive approach includes:

• Contingency Fees: Payment only occurs upon successful recovery
• State-Specific Expertise: Deep understanding of New York’s legal landscape, particularly Long Island’s wage laws
• Direct Attorney Involvement: Clients work with lawyers, not support staff
• Comprehensive Strategy: We identify patterns that may support class actions

Our Queens nail salon case demonstrates this approach. What began as one worker’s overtime complaint revealed systemic violations affecting 87 employees, resulting in a $487,000 settlement. Similar successes have been achieved for Long Island clients.

Advice for Employers

Business owners should view this as an important warning. With wage theft now carrying criminal penalties and increased state enforcement, violations risk more than back wage payments. A single employee complaint can trigger audits uncovering years of noncompliance in Long Island businesses.

Preventative measures like:

• Annual wage compliance reviews
• Modern timekeeping systems
• Manager training on break requirements

can avoid substantial future liabilities.

Taking Action on Wage Violations

If you suspect pay discrepancies, immediate action preserves your rights. The clock starts running on potential back wages from the moment you discover underpayment. Recommended steps include:

• Collect all relevant documentation (pay stubs, schedules, communications)
• Maintain detailed records of unpaid work time
• Consult legal counsel before addressing concerns with your employer
• Observe statutory filing deadlines

The Law Office of Jason Tenenbaum, P.C. provides confidential, no-cost case evaluations. Whether you’re a tipped employee missing wages in Long Island, a construction worker denied overtime, or an office worker improperly classified as exempt, we’ll assess your situation and outline potential legal remedies without obligation.

Your time and labor have clear value. Shouldn’t your compensation accurately reflect that worth?