Dealing With Unpaid Wages in New York
My employer hasn't paid me — here's what New York law says and what to do next.
Statute: N.Y. Lab. Law §§ 191, 198
Deadline: 14 days
Penalty: Employer may be liable for 100% liquidated damages (double the unpaid wages), plus prejudgment interest, reasonable attorney fees, and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How New York differs from federal law
New York's minimum wage is well above the federal rate and varies by region:
- NYC, Long Island (Nassau/Suffolk), and Westchester: $17.00/hr (effective January 1, 2026)
- Rest of New York State: $16.00/hr (effective January 1, 2026)
- Tipped workers (food service): Employers must pay a cash wage of at least $10.65/hr (with a tip credit), but total compensation with tips must meet the full minimum wage.
- Annual increases: Beginning in 2027, New York's minimum wage will be indexed to inflation using a three-year CPI average for the Northeast region.
The applicable minimum wage is determined by where the employee physically performs work, not where the employer is headquartered.
Additional steps in New York
File a complaint with the NY Department of Labor at dol.ny.gov or call (888) 469-7365.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for New York, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New York.