New York Unpaid
Wages Calculator

New York minimum wage: $16.50/hr (New York City, Long Island, Westchester); $16.00/hr (rest of NY state). Overtime rule: Federal FLSA standard: 1.5× for hours over 40/week; spread of hours premium (extra hour of pay when shift exceeds 10 hours).

Key statute: NY Labor Law § 652 (minimum wage); § 191 (timely wage payment).

If your employer paid you less than $16.50/hr (New York City, Long Island, Westchester); $16.00/hr (rest of NY state) — or failed to pay 1.5× your regular rate for overtime hours — you are owed back wages for every underpaid hour, going back as far as your state's statute of limitations allows. For minimum wage violations, the difference between what you were paid and the applicable minimum wage, multiplied by all affected hours, is the base calculation.

New York's 6-year statute of limitations for wage claims is among the longest in the country. The Wage Theft Prevention Act requires employers to provide wage notices and pay stubs — violations create independent civil liability.

Workers can file state administrative complaints or pursue class action claims. NYC's Earned Safe and Sick Time Act provides additional worker protections.

Step 1 — Identify the underpayment type: (a) Minimum wage violation: (applicable rate − actual rate paid) × hours worked; (b) Unpaid overtime: (regular rate × 0.5) × overtime hours missed; (c) Off-the-clock work: document all hours worked but not paid; (d) Final paycheck not received: document the total wages owed and the date your employment ended.

Step 2 — Calculate the base amount owed: Multiply the hourly underpayment by the number of affected hours in each pay period. Work backward to the beginning of the statute of limitations period — in New York, 6 years (NY Labor Law § 663).

Federal FLSA claims go back 2 years (3 for willful violations), while state claims may go back further.

Step 3 — Add liquidated damages: Under the FLSA, you are entitled to an equal amount in liquidated damages (doubling the recovery). New York state law: follow the state statute for additional damages available.

Under the FLSA, attorney's fees are also recoverable — meaning your employer pays your lawyer, not you.

Example: If you were owed $12.00/hr but paid $9.00/hr for 1,500 hours over 2 years: base underpayment = $4,500. Plus equal liquidated damages under FLSA = $4,500.

Total potential recovery = $9,000 + attorney's fees paid by your employer.

Option 1 — State administrative complaint (free, no attorney required): File a complaint with the New York State Department of Labor (NYDOL) at labor.ny.gov. The agency investigates, contacts your employer, and — if the violation is confirmed — orders payment of back wages.

This path is free and appropriate for straightforward unpaid wage claims. Recovery: back wages and sometimes interest or penalties.

Option 2 — Federal FLSA complaint: File a complaint with the U.S. Department of Labor Wage and Hour Division (dol.gov/agencies/whd).

Federal investigators handle both individual complaints and large-scale investigations of employers with multiple violations. Recovery: back wages + equal liquidated damages + attorney's fees.

Option 3 — Private lawsuit (best for larger amounts): Hire an employment attorney to file suit in state or federal court. Under the FLSA, the employer pays your attorney's fees if you win — making representation effectively free for valid claims.

Class actions or collective actions are available when an employer has violated wages for multiple employees. This path typically produces the best outcomes for claims over $10,000.

Statute of limitations: 6 years (NY Labor Law § 663). File before this deadline — it cannot be extended.

If your employer has retaliated against you for asserting wage rights (cut hours, fired you, demoted you), file a separate retaliation complaint immediately.

• Wage theft takes many forms. Most common in New York: (1) Minimum wage violations — paying tipped workers a tip credit without ensuring tips bring wages up to the minimum
• (2) Overtime misclassification — calling employees 'exempt' from overtime when they don't meet the FLSA duties test (the job title doesn't determine exempt status — the actual job duties do)
• (3) Off-the-clock work — requiring employees to work before clocking in, during unpaid meal breaks, or after clocking out
• (4) Misclassification as independent contractors — calling workers 'contractors' when they meet the economic reality test for employees, avoiding payroll taxes and benefits.

Agricultural workers, domestic workers, restaurant workers (tipped employees), and home care workers are disproportionately affected by wage theft and have special rules under both FLSA and New York state law that differ from the general standards. If you work in any of these categories, the general minimum wage and overtime rules may apply differently — consult an employment attorney or your state labor agency.