Deleted Work Hours
Some of the hours you worked were deleted, reduced, or did not appear correctly in your paycheck.
UNPAID WAGES
DID YOU WORK WITHOUT RECEIVING ALL THE PAY YOU EARNED?
In New York, workers generally must be paid for all hours worked, including certain activities performed before, during, or after their scheduled shifts.
If your employer withheld part of your wages, failed to pay for all your hours, made improper deductions, or issued a check that could not be cashed, you may have a potential unpaid-wage claim.
Workers should receive proper payment for the time they spend
performing their job duties.
RECOGNIZE THE SIGNS
POSSIBLE FORMS OF UNPAID WAGES
Wages may be withheld in different ways. The following are some situations that may require further review:
Incomplete or Delayed Pay
You did not receive your full wages, received only a partial payment, or your employer continued delaying promised payments.
Insufficient-Funds Check
Your paycheck was returned for insufficient funds, or your employer asked you to wait before depositing it.
Improper Deductions
Money was deducted for damage, shortages, tools, uniforms, or other expenses that may not have been permissible deductions.
Withheld Tips
Your employer, manager, or another person kept some of the tips that you earned.
Unpaid Training
You were required to attend training or perform job duties without having that time recorded or paid.
DOCUMENT WHAT HAPPENED
WHAT INFORMATION SHOULD YOU KEEP?
You do not need to have every document before requesting information about a possible claim. However, keep any records that may help show when you worked and how much you received.
- Pay stubs and W-2 or 1099 forms
- Canceled, returned, or insufficient-funds checks
- Bank-deposit or electronic-payment records
- Work schedules, calendars, and time sheets
- Personal records of the hours you worked
- Text messages and emails with your employer
- Photographs taken during your shifts
- Names of coworkers familiar with your schedule
- Records of payments received in cash
INFORMATION FOR WORKERS
LEARN MORE ABOUT UNPAID WAGES
Watch this video for general information about situations in which a worker may not be receiving all the wages they earned.
This video provides general information and does not constitute legal advice concerning a particular situation.
IMPORTANT INFORMATION
DID YOU KNOW?
Does time spent attending training have to be paid?
Time spent attending certain training required by an employer may count as working time. The circumstances of each situation should be reviewed.
Can a returned paycheck be considered unpaid wages?
Possibly. If a payroll check was returned for insufficient funds, the worker may not yet have received the wages they earned.
Do I still have wage rights if I was paid in cash?
Receiving cash payments or working without complete payroll records does not necessarily eliminate a worker’s wage rights.
Must an employer keep records of work hours and payments?
Covered employers generally have obligations to maintain records of hours worked and wages paid. Workers should also consider keeping their own records.
Can my employer keep my tips?
New York prohibits certain forms of tip misappropriation. The applicable rules may depend on the worker’s position, the tipping system, and the people who participated in it.
Can I request help after leaving the employer?
Possibly. Leaving a job does not automatically eliminate an employer’s obligation to pay wages that were already earned. Because time limits may apply, a review should not be delayed.
NAYDENSKIY LAW FIRM, PC
DOES YOUR EMPLOYER STILL OWE YOU MONEY?
Tell us about your job, the hours you worked, the amount you were promised, and the payments you received. We can obtain more information about your possible claim and explain the potential next steps.
ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. The information on this page is general in nature and does not constitute legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.