Manhattan Wage and Hour Lawyers

You Earned That Money. Your Employer Just Decided Not to Pay It.

You stayed late. You answered emails after hours. You worked through lunch. And when payday came, the math didn’t add up. Maybe your overtime wasn’t included. Maybe your commission was “adjusted.” Maybe your employer called you an independent contractor specifically to avoid paying you what the law requires.

Wage theft is one of the most widespread forms of employer misconduct in New York, and it happens across every industry, from healthcare and tech to hospitality and finance. Most employees don’t report it because they don’t realize it’s illegal, or they assume there’s nothing they can do. Both of those assumptions are wrong.

At Carey & Associates, P.C., we represent Manhattan employees whose employers have stolen wages, misclassified their status to avoid overtime, or manipulated pay structures to shortchange workers. Attorney Mark Carey has spent nearly three decades fighting for employees who are owed money they worked for, and he’s been exposing exactly how employers pull this off on the Employee Survival Guide® podcast.

What Wage and Hour Law Actually Covers

Wage and hour claims cover a broad range of employer conduct. The Fair Labor Standards Act (FLSA) sets federal minimums, and New York Labor Law adds additional protections that are often stronger. Together, they govern:

• Overtime pay: non-exempt employees must be paid time and a half for every hour worked over 40 in a workweek
• Minimum wage: New York’s minimum wage requirements exceed the federal floor and vary by location and employer size
• Off-the-clock work: time spent working before clocking in, after clocking out, or during unpaid “breaks” where you’re still working counts as compensable time
• Tip theft: employers who take or redistribute tips in ways not permitted by law are violating wage law
• Misclassification: calling an employee an independent contractor to sidestep overtime and benefit obligations is one of the most common forms of wage theft in New York

If your employer isn’t following these rules, you may be entitled to back pay, liquidated damages, and attorney’s fees.

How Employers Actually Do This

The creative ways employers underpay workers are endless, and Mark covers them regularly on the podcast. One standout episode breaks down the NYU Langone case, where IT professionals alleged they were systematically misclassified as exempt from overtime while regularly working 42 to 55-hour weeks with no overtime compensation. The argument from the employer? That their job duties made them exempt. The reality? It’s a designation that employers exploit constantly to avoid paying workers what they’re owed.

The Supreme Court recently made this worse. In EMD Sales v. Carrera, the Court lowered the burden of proof employers must meet to classify workers as overtime-exempt. Mark covered the decision and what it means for workers in a dedicated Employee Survival Guide® episode, and the bottom line is this: employers now have an easier time denying overtime, which means employees need to be more vigilant than ever about understanding whether their classification is legitimate.

Here’s what wage theft commonly looks like in practice:

• Being told you’re “salaried” or “exempt” when your actual job duties don’t meet the legal standard for exemption
• Working through meals or staying late without that time being recorded or compensated
• Having your hours rounded down or capped in a timekeeping system
• Receiving a flat day rate or salary that doesn’t account for overtime hours actually worked
• Being misclassified as an independent contractor to eliminate overtime and benefit obligations
• Having earned commissions, bonuses, or incentive pay withheld or quietly recalculated downward

The New York Angle

New York has some of the strongest wage protection laws in the country, including strict requirements around pay frequency, wage notices, and spread-of-hours pay for workers in certain industries. The New York Department of Labor and private lawsuits are both viable paths for recovering unpaid wages, and in many cases employees can recover double the amount owed in liquidated damages on top of back pay.

Class and collective actions are also common in wage and hour cases. If your employer has a systemic practice of underpaying workers, you may not be the only one affected, and a collective action can be a powerful tool.

What You Should Do Right Now

Start keeping your own records, independently of whatever your employer tracks. Note your start and end times, any work done outside of official hours, and any discrepancies between hours worked and hours paid. The more documentation you have, the stronger your position.

Then talk to an attorney before you do anything else. Wage and hour claims have filing deadlines, and the specific facts of your situation determine which legal path makes the most sense.

Talk to a Manhattan Wage and Hour Lawyer Today

If you’re not being paid what you earned, that’s not a minor payroll error. It’s a legal violation, and you have the right to recover what you’re owed.

At Carey & Associates, P.C., we’ll give you a straight assessment of your situation and what your options are.

Call us at (203) 255-4150 or contact us online for a completely confidential consultation. We represent employees in Manhattan, throughout New York City, and across New York State.

Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.