Wage and Hour Lawyers in New York City

The right to fair wages is a fundamental principle in our nation. If your New York employer violates your wage and hour rights under state or federal laws, you will need the advice and services of a New York City wage and hour attorney at The Law Office of Vincent Miletti.

The federal Fair Labor Standards Act (FLSA) guarantees wage and hour rights. It establishes a federal minimum wage, a forty-hour work week, and overtime requirements. Call a New York City wage and hour lawyer immediately if your employer is not paying what the law requires.

The FLSA became law in 1938 after dishonest employers imposed dangerous conditions and long hours on many working Americans. Even now, some New York employers bend or break the wage and hour rules in ways that harm employees, their families, and their communities.

What Does the Fair Labor Standards Act Provide?

The Fair Labor Standards Act requires employers to pay men and women the same amount for work that requires the same labor, skill, and responsibility. The FLSA also provides for:

The Minimum Wage: The federal minimum wage has been $7.25 per hour since 2009. Many states, including New York, have laws that establish a higher minimum wage.
Overtime: Nonexempt workers must receive overtime pay for hours worked over forty in a workweek at a rate not less than one-and-one-half times the regular pay rate.
Breaks: The Fair Labor Standards Act obliges employers to provide meal and rest breaks.
Recordkeeping: Employers must display a poster outlining the Fair Labor Standards Act requirements and keep employee time and pay records.
Child Labor: The FLSA protects the educational opportunities of minors and prohibits their employment in jobs or under conditions detrimental to their health or well-being.

Which Workers Are Exempt Under the FLSA?

“Exempt” employees under the FLSA are not subject to FLSA overtime and minimum wage requirements. The following jobs are usually classified as exempt and not entitled to FLSA protection:

outside salespersons
licensed professionals such as doctors, lawyers, and certified public accountants
executives supervising two or more full-time employees
consultants and independent contractors
administrative personnel

Exempt employees usually earn a salary, not an hourly wage. A wage and hour attorney can determine if you are exempt and how or if the Fair Labor Standards Act applies to you.

What is Wage Theft?

Wage theft happens when employers refuse to pay workers what they have earned for their work. Wage theft is a common problem, resulting in millions of dollars in losses to employees who are denied their rightfully earned wages and benefits.

Shady employers in New York steal employees’ wages in several ways. The following are signs that your employer is trying to cheat you and violate your rights:

Not Paying Minimum Wage: Refusing to pay employees is the most obvious form of wage theft. As of 2025, the minimum wage in Westchester County, New York City, and Long Island is $16.50 an hour. For the rest of New York State, it is $15.50 an hour.
Not Paying Overtime Wages: If you are a nonexempt hourly worker, the Fair Labor Standards Act requires your employer to pay you time-and-a-half for every hour you work each week beyond forty hours.
Not Allowing Breaks: New York employers must provide a minimum thirty-minute unpaid meal break for employees working more than six hours on the same day. New York law does not require shorter rest breaks.
Requiring off-the-clock Work: An employer must pay you for all your work time unless you are exempt. Requiring off-the-clock work is a violation of your wage and hour rights.
Misclassifying Workers: Nonexempt employees are eligible for hourly pay and overtime. Exempt workers are not covered by minimum wage rules, paid by the hour, or eligible for overtime.

Tip stealing, unjustly denying sick leave, and failing to pay commissions are also examples of wage theft.

How Are Employees Misclassified?

Misclassifying employees to avoid paying overtime wages is wage theft. Employee misclassification happens when an employee is wrongly identified as an independent contractor, or vice versa.

Employees have legal protections, such as minimum wage and anti-discrimination laws, that independent contractors do not have. Independent contractors only receive the protections and benefits their contracts provide.

How Can You Know if You Have Been Misclassified?

The way to know if you have been misclassified is to ask your employer to show you the tax documentation filed on your behalf:

If you are an employee, an employer should be able to show you a W-4 form with information on your Social Security tax withholding.
The employer should have your 1099 on file if you are an independent contractor.

An employer unwilling or unable to show you the tax documentation may have misclassified you, and you should speak immediately to a New York City wage and hour attorney at The Law Office of Vincent Miletti.

What Steps Should You Take if an Employer Steals Your Wages?

If your employer disputes your wage and hour claim and will not negotiate or negotiate in good faith, attorney Vincent Miletti will take the employer to trial. If your claim prevails, a New York court will find the employer liable and order the employer to pay your rightful wages.

Even if your employer took only a few dollars, speak to The Law Office of Vincent Miletti. The law protects you against employer retaliation. Your employer cannot demote or terminate you or take any other retaliatory action if you file an unpaid wage claim.

Should you proceed with a lawsuit, your New York City wage and hour lawyer will investigate whether wage claims have been filed previously against your employer. If the theft of employee wages is part of a general pattern, that finding strengthens your claim against the employer.

You can help your attorney by gathering supporting documentation, such as emails, time sheets, and pay stubs. Attorney Vincent Miletti will attempt to negotiate a settlement with your employer, but if no out-of-court settlement is possible, he will take the employer to trial.

Will Your Wage and Hour Case Go to Trial?

The pre-trial process for a wage and hour lawsuit in New York generally follows these steps:

Filing the Complaint: The employee (plaintiff) and the employee’s attorney file a formal complaint with the court, outlining the employer’s alleged wage violations.
Discovery: In the discovery process, both sides exchange information and evidence. The employer must provide accurate records of the employee’s hours and wages.
Motions: Both sides may file motions to ask the judge to rule on particular legal issues before the trial begins. For example, an employer may file a motion to dismiss the case.

What Happens in a Wage and Hour Trial?

The case goes to trial if the two sides cannot settle the employee’s wage and hour claim through out-of-court negotiations. A wage and hour trial in New York usually involves:

Jury Selection: A jury may be selected to hear the case, as the constitutions of both the United States and New York guarantee the right to a trial by jury.
Opening Statements: Lawyers for both sides present their cases to the jury and explain what they intend to prove.
Presentation of Evidence: The employee’s lawyer presents evidence supporting the employee’s wage and hour violation claim, and the employer’s attorney then presents evidence refuting the claim.
Closing Arguments: After they present evidence, the lawyers summarize their arguments and ask the jurors to rule in their favor.
Jury Deliberation and Verdict: The jury decides if the employer is liable for the alleged wage violations.

What Can You Receive if Your Wage and Hour Claim Prevails?

If you win a wage and hour trial, you may recover several types of damages, including:

Unpaid Wages: The full amount of back pay the employer owes you.
Interest: A New York court may also award interest on the unpaid wages.
Liquidated Damages: Under federal and New York law, employees may receive an additional amount equal to the unpaid wages. Liquidated damages penalize employers for violating wage laws and compensate employees for the delay in payment.
Attorney’s Fees and Court Costs: In many wage and hour cases, a New York court will also order an employer to pay an employee’s legal fees and court costs.

In some cases of severe wage theft, employers may face criminal prosecution. When an employer does not pay you adequately, protect your rights. If you believe you are a wage theft victim, schedule a consultation immediately with The Law Office of Vincent Miletti.

Do You Really Need an Attorney’s Help?

Do you genuinely need an attorney’s help with a wage and hour violation? Even though you can file a complaint with the Equal Employment Opportunity Commission, the federal Department of Labor, or the state Department of Labor, you should have an attorney’s guidance and advice.

Statistics consistently show that employees represented by attorneys have better legal outcomes. Doing it yourself may lead to costly mistakes. At The Law Office of Vincent Miletti, we offer a free initial strategy session, so there is no cost for speaking to a wage and hour attorney first.

How Will Attorney Vincent Miletti Help You?

Are you a victim of wage theft or another violation of your employment rights? You can benefit from a legal team with substantial experience defending the rights of New York and New Jersey employees.

Attorney Vincent Miletti will use every available legal tool to prove your wage and hour claim and obtain a negotiated agreement for you without going to trial. If a negotiated agreement is impossible, we know how to prevail for you in court.

The Law Office of Vincent Miletti has successfully represented clients and defended their employment rights in New York and New Jersey since 2007. To schedule a free case evaluation, call us at 314-648-2586 in New York or 609-293-5928 in New Jersey, and let us work for you.