How to Deal With Wage Theft as a Tipped Employee in New York
Every employee has the legal right to address wage theft. Your immigration status and nationality should never impact your rights as a tipped employee experiencing wage theft. Below, we look at acts that may qualify as wage theft and actions you can take while applying New York employment law and federal statutes to protect your wages and demand accountability from an employer.
What Acts May Classify as Wage Theft
Failing to pay tipped employees their wages by depriving them of a minimum wage, tips, or overtime pay exploits vulnerable workers in New York. Wage theft may take various forms in the workplace. Tipped employees in New York may also experience wage theft through:
- The abuse of pooled tips by failing to distribute tips proportionately or when an employer retains possession of tips not belonging to them
- Side work that qualifies as non-tipped tasks such as setting up table service, cleaning, or other assigned tasks paid at the tipped minimum wage
- A misclassification of employment status. For example, classifying an employee as an independent contractor or in a lower-paid job
- Manipulating work schedules to alleviate any overtime pay for hours worked over 40 hours per week
You have a right to file a wage theft complaint with the Department of Labor in New York. However, it is vital that you accurately and thoroughly document the accusations of wage theft against an employer.
Take These Steps to Address Wage Theft in New York
Tipped employees can work towards protecting their wages by taking the following steps to deal with wage theft. It is up to you to provide the documentation supporting your claim. As a tipped employee, take the following actions.
Maintain Accurate Records
Keep detailed records accounting for your work time, any tips you receive and their division, and other evidence supporting your claim. Record the work assignments you complete, such as side work, to demonstrate whether your wages accurately reflect job assignments. Your records can provide insight into the extent of wage theft you experience. Document any retaliation against you for reporting any instances of wage theft.
Gather Supporting Statements
Other co-workers may be experiencing the same type of wage theft abuse you are facing. Their statements and any documentation can support your claim. Your co-workers may also file a complaint or work with you in joint legal action to address wage theft in New York.
Become Familiar With the Law
State and federal employment laws are complex. However, becoming familiar with laws regulating wages, such as minimum wage requirements, overtime laws, and other regulations, will help you confidently address employment violations in New York. The rules may vary depending on where you work in the state, such as the New York metropolitan area.
Schedule a Case Evaluation of a Wage Theft Claim in New York
Employment law attorneys in New York with our firm offer free case evaluations to determine the strength of your evidence and evaluate whether you have a wage theft claim. Stopping wage theft is vital to your financial success. Our team has extensive experience navigating the legal process, negotiating fair settlements in employment claims, and fighting for our clients in court to seek to secure the maximum compensation in every case we represent. Taking the critical step to ensure legal representation provides an advocate working solely for your rights as a tipped employee in New York.