Wage theft is a widespread problem in New York City, affecting workers across various industries—including construction, hospitality, retail, domestic work, and more. Whether through withheld overtime, failure to pay minimum wage, or not compensating for all hours worked, many employers violate labor laws—either intentionally or through neglect.
Greenberg Gross LLP is committed to standing with workers—not employers—and helps employees pursue justice when they are underpaid or denied legally earned compensation.
This page explains how workers can protect themselves, what the law says, and how Greenberg Gross LLP can help you recover unpaid wages, including overtime, commissions, and other compensation wrongfully withheld.
Greenberg Gross LLP is ready to stand by your side
Understanding Wage Theft in New York City
Wage theft occurs when employers fail to pay employees what they are lawfully owed. Common forms include:
- Not paying minimum wage
- Withholding overtime pay
- Misclassifying employees as independent contractors
- Not compensating for rest breaks or all hours worked
- Deducting unlawful amounts from paychecks
- Denying prevailing wage rates for qualifying jobs
- Failure to provide written notice of pay rates and hours
The effects of wage theft can be devastating—lost income, missed rent, lack of access to food or healthcare, and long-term financial hardship. For undocumented workers or low-income employees, these losses are especially damaging. Whether you're dealing with unpaid commissions, denied overtime, or unrecorded hours, you have rights under New York and federal law.
Legal Protections and Applicable Laws
Multiple laws provide protections for workers experiencing wage and hour violations, including:
- Fair Labor Standards Act (FLSA) – Establishes federal rules for minimum wage and overtime
- New York Labor Law (NYLL) – Offers broader protections and longer timeframes for wage claims
- Local ordinances enforced by:
- New York State Department of Labor (NYSDOL)
- NYC Department of Consumer and Worker Protection (DCWP)
- New York State Department of Labor (NYSDOL)
These laws require employers to:
- Pay for all hours worked
- Pay the applicable minimum wage
- Provide written notice of pay rates and maintain accurate records
Both large and small employers must comply. Employers who violate these laws may face legal claims, financial penalties, and damages.
Common Wage and Hour Violations We Handle
Unpaid Wages
This refers to earnings not paid for time worked—whether hourly, salaried, or commission-based. You may be entitled to:
- Lost wages
- Interest
- Liquidated damages
- Attorney’s fees
Overtime Pay Violations
Under federal and NY law, non-exempt employees must receive 1.5x (time and a half) their regular rate for hours worked over 40 in a week. Common employer violations include:
- Misclassifying employees
- Failing to track hours
- Ignoring or denying overtime rules
Minimum Wage Violations
Workers must be paid the NYC minimum wage on employer size and industry. Commonly affected workers include:
- Restaurant and service industry staff
- Domestic workers and home aides
- Delivery and warehouse workers
Misclassification of Independent Contractors
Employers may wrongfully label employees as “contractors” to avoid paying benefits or overtime. If your work is controlled, scheduled, or supervised, you may be legally classified as an employee.
Recovering Unpaid Wages and Legal Remedies
Greenberg Gross LLP helps workers pursue all available remedies, which may include:
- Unpaid wages and back pay
- Unpaid overtime
- Liquidated damages
- Attorney’s fees and court costs
- Civil penalties against non compliant employers
We assist clients in filing wage claims with:
- The New York State Department of Labor
- The U.S. Department of Labor
- Private lawsuits in state or federal court
Who We Represent
We advocate for workers across all industries and job types, including:
- Hourly and salaried employees
- Workers misclassified as independent contractors
- Undocumented workers (protected under NY and federal wage laws)
- Union and non-union workers
- Employees denied rest breaks or forced to work off the clock
Greenberg Gross LLP does not represent employers. Our mission is to protect workers and secure the pay they’ve rightfully earned.
Why Choose Greenberg Gross LLP
Our attorneys bring years of experience. We understand how employers try to exploit legal loopholes—and how to hold them accountable.
When you choose Greenberg Gross LLP, you gain:
- In-depth knowledge of NY and federal wage laws
- A track record of successful settlements and verdicts
- Customized legal strategies based on your situation
- Clear communication and a worker-first approach
We offer a free, confidential consultation so you can understand your options without financial pressure.
Statute of Limitations – Know Your Deadlines
Depending on what occurred and whether you are proceeding under New York federal law, the statute of limitations varies. It can be very short, in some cases under 1 year for submitting administrative complaints. It is vital to contact a lawyer as soon as possible.
Contact Greenberg Gross LLP Today
If your employer has withheld your pay, denied overtime, or violated wage and hour laws, you don’t have to navigate the legal system alone. As a dedicated NYC Wage Theft Lawyer, Greenberg Gross LLP is here to fight for you.
We’ll help you recover the pay you earned and ensure your employer is held accountable under New York and federal law.
Schedule your free, confidential consultation today. Your work has value—and your paycheck should reflect it.