Wage Theft

Wage theft happens when an employer fails to pay workers everything the law requires. It’s illegal, and it happens more often than most people realize. Employers steal wages by paying less than minimum wage, refusing to pay overtime, requiring work off the clock, misclassifying employees as independent contractors or exempt workers, or making illegal deductions from a paycheck.

New York and New Jersey both give workers strong protections against these practices, along with a long window to recover what’s owed. In most cases, you have up to six years to bring a claim for unpaid wages, far longer than many workers assume.

Below are some of the most common forms of wage theft we see at The Marlborough Law Firm. If your situation doesn’t fit neatly into one of these categories, or you’re not sure whether what happened to you counts as wage theft, it’s still worth a conversation.

Common Types of Wage Theft

• Exempt Employee Misclassification
• Fluctuating Work Week
• Independent Contractor Misclassification
• New Jersey Wage Theft
• Off-the-Clock Scams
• Cheated Out of Overtime
• Prevailing Wage Fraud
• Restaurant Workers Ripoffs
• Unpaid Internships

New York’s Department of Labor defines wage theft broadly, and enforcement has picked up in recent years. The state runs a public Wage Theft Dashboard tracking judgments and penalties against employers who steal from their workers. Still, government enforcement moves slowly, and it doesn’t always get a worker paid what they’re owed. A private lawsuit is often the fastest, most direct way to recover unpaid wages. In many cases, workers can also recover liquidated damages equal to what they’re owed, effectively doubling the total recovery.

If any of this sounds familiar, don’t wait to find out where you stand. Contact us for a free consultation, and we’ll help you figure out whether you have a claim and what it could be worth.