Unpaid Wages & Overtime Attorney in Rochester, NY
Many New Yorkers work long hours simply to stay afloat or provide for their families. When an employer refuses to pay earned wages or overtime, the financial impact can be immediate and severe. A Rochester unpaid wages and overtime lawyer can help you recover the compensation you are legally owed and pursue accountability against your employer.
Every hour worked represents a binding agreement between employee and employer, one protected by New York and federal wage and hour laws. When employers fail to properly track time, misclassify workers, deny overtime pay, or withhold wages, they violate those laws and place workers’ livelihoods at risk. If your paycheck is short or missing, legal action may be the most effective way to secure full and fair compensation.
Hire an Unpaid Wages and Overtime Lawyer Now
The time to hire an unpaid wages and overtime lawyer is as soon as you notice anything unusual, inconsistent, or unexplained with your pay. A knowledgeable Rochester unpaid wages and overtime attorney can develop a robust and fully personalized legal strategy designed to ensure you receive the payments or benefits you are owed. They also work to hold employers accountable and promote compliance with New York and federal labor laws.
The experienced employment law team at Gattuso & Ciotoli, PLLC, strives to provide hardworking New Yorkers just like you with effective and powerful legal solutions that fit your situation and help you assert your rights. Our legal guidance and steadfast advocacy are designed to take the guesswork out of complex topics like New York overtime laws.
If you believe you have been shorted on a recent paycheck and are not sure what to do, we can help.
How New York Wage and Hour Laws Protect Workers
New York labor laws are some of the strongest in the United States. They provide protection for employees across many industries.
The state sets its own requirements for minimum wage, overtime eligibility, pay frequency, and wage notices. Employers must maintain accurate payroll records and give itemized wage statements to employees.
If an employer violates these obligations, workers may be able to recover unpaid wages, interest, and attorney’s fees, in some cases. An experienced Rochester unpaid wages and overtime lawyer can determine which of these state and federal laws apply to your situation and help you pursue compensation.
What to Do if You’re Missing Pay
If you believe your employer is refusing to pay you appropriately, here are some of the steps you can take to protect yourself:
- Gather documentation. Collect copies of all necessary documentation, including pay stubs, timesheets, text messages, e-mails, and contracts.
- Remain in compliance. Ensure you are compliant with all policies and standards at your job while the legal process plays out.
- Limit communication. Ask only straightforward questions to make sure your missing pay wasn’t just an honest mistake. If you begin to get any suspicion that this will turn into a legal issue, walk away.
- Contact a lawyer. Reach out to a qualified Rochester unpaid wages and overtime lawyer as soon as it’s clear you’re going to need outside help dealing with your paycheck issues. The Rochester unpaid wages and overtime lawyers of Gattuso & Ciotoli, PLLC, have extensive experience pursuing employment law cases throughout the Rochester area and the surrounding communities, such as Pittsford, Brighton, and Honeoye Falls.
In 2022, the Department of Labor recovered $25 million for New Yorkers in unpaid wages, revealing just how common this issue can be. The Economic Policy Institute reports that the top ten most populous states in the U.S. lose $8 billion every year to minimum wage violations alone.
Retaliation Against Wage Complaints
Many workers hesitate to speak up for themselves because of fear of retaliation. However, both New York and federal law prohibit employers from terminating, demoting, or reducing the hours of employees who assert their legal wage rights.
If your employer takes adverse action after you speak up against unpaid or unfair wages, file a complaint and then consult a knowledgeable Rochester unpaid wages and overtime lawyer. This can help you protect your own livelihood while keeping your employer accountable, further preventing similar misconduct toward other workers in the future.
FAQs
What Happens If My Boss Is Not Paying Me Overtime?
If your boss is not paying you overtime in accordance with the law or your contract, they are committing wage theft and can be held accountable in court. The Economic Policy Institute once famously reported that wage theft was a larger problem than basically any other form of theft in the modern world. While most wage theft sadly happens with no accountability, legal recourse is available for Rochester, NY, workers whose valuable time is being robbed.
Can You Sue for Not Being Paid Properly?
Yes, you can pursue a legal claim for unpaid or improperly paid wages. The employee-employer relationship is fundamental to the American economy, and when employers violate wage laws, courts and government agencies can provide a path to recovering lost income and enforcing accountability.
What Are the Odds of Winning an Employment Lawsuit?
The odds of winning an employment legal claim depend on many factors, such as evidence and applicable laws. In addition, many claims are resolved through settlements rather than going to trial. Strong cases include clear documentation, witness testimony, and evident violations of well-established statutes. Having experienced legal representation on your side can significantly improve your odds of having a successful outcome to your case.
What Happens If a Job Doesn’t Pay You for the Hours You Worked?
If an employer does not pay you for the hours you worked, what happens next depends on how you respond to your employer and if you plan to take legal action. By working with a lawyer to file a wage claim, you may be able to recover unpaid compensation. If violations go unchallenged, they may continue or escalate.
Recover Your Lost Wages with Rochester’s Trusted Employment Law Firm
If you need help recovering pay that your employer is illegally withholding, our skilled Rochester unpaid wages and overtime lawyer can assist you. At Gattuso & Ciotoli, PLLC, we pride ourselves on giving each of our clients the individual care and respect their cases deserve, regardless of the size or perceived simplicity of the issue.
Contact us today for a free, confidential consultation, and take the first step towards enforcing your rights.