Introduction
Every worker in New York, regardless of immigration status, deserves to be paid fairly for their labor. Immigrant and undocumented workers are an essential part of New York’s economy and community. Unfortunately, some employers try to take advantage of workers by paying less than the law requires or by withholding overtime pay. If this has happened to you, it is important to know that New York Labor Law protects you. Legal help is available, and you have the right to seek fair wages without fear.
Minimum Wage Table: Know Your Rights
The minimum wage in New York varies depending on where you work. The table below shows the current minimum hourly wage rates:
Region Minimum Wage (per hour)
Long Island & Westchester $16.00
If you are paid less than these amounts, your rights may have been violated.
Understanding Wage Theft
Wage theft happens when employers do not pay workers what they are legally owed. This can include paying less than the minimum wage, not paying overtime, making illegal deductions from your paycheck, or not paying you for all the hours you worked. Wage theft aNects workers’ ability to support themselves and their families. It is illegal, and you have the right to take action.
Legal Remedies: State and Federal Protections
If you have been paid less than the minimum wage or denied overtime, you can take steps to recover your unpaid wages. Both New York State and federal laws oNer strong protections for workers:
• State Remedies: Under New York Labor Law, you can file a complaint with the New York State Department of Labor or take your employer to court. You may be able to
|
New York City (NYC) |
$16.00 |
|
Upstate New York |
$15.00 |
recover not only your unpaid wages, but also additional money as damages, plus
interest and attorney’s fees.
• Federal Remedies: The Fair Labor Standards Act (FLSA) also protects workers. If
your employer violated federal wage laws, you may file a complaint with the U.S. Department of Labor or file a lawsuit. Federal law also allows for extra damages and attorney’s fees.
Importantly, you do not need to have legal immigration status to seek these remedies. The law protects all workers, regardless of status.
Anti-Retaliatory Provisions: Protection Against Employer Retaliation
It is illegal for your employer to punish you for asserting your rights. This means your boss cannot fire you, cut your hours, threaten, or harass you because you asked for the pay you are owed or contacted a lawyer. Both state and federal laws contain strong anti-retaliation provisions. If your employer tries to retaliate, you may have the right to further compensation.
Why Undocumented Workers Should Seek Help
Many undocumented workers fear that speaking up will put them at risk. But New York and federal laws protect all workers, regardless of immigration status. Courts and government agencies do not ask about your status when you make a wage claim, and your employer cannot report you as a way to avoid paying. Seeking legal help is your right, and you should not be afraid to contact a lawyer if you are a victim of wage theft.
About The Toner Law Firm: Experience You Can Trust
The Toner Law Firm has represented victims of wage theft for over thirty years. Our attorneys have extensive experience helping immigrant and undocumented workers recover the wages they are owed. We understand the challenges you face and are committed to fighting for your rights. We oNer free consultations and speak multiple languages, so you can get the help you need in a safe and supportive environment.
Conclusion
No one should be paid less than the law requires. If you believe you have been a victim of wage theft, do not hesitate to reach out for help. Contacting a lawyer is safe and confidential, and you are protected by strong laws. The Toner Law Firm is here to support you and help you recover what you deserve. Protect your rights and your future—get the legal support you need today.
