1. Unpaid Wages in New York | Background of the Employee Complaint
The employer approached SJKP after receiving notice that former employees had filed complaints seeking compensation for unpaid wages, including missed severance and overtime.
The employer operated a small business and insisted that all payments had been made properly, but lacked organized documentation to present during the initial labor agency inquiry.
Nature of the Wage Dispute and Initial Confusion
The former employees claimed that they had not been paid required severance and overtime wages.
However, the employer had records showing that wages were paid through bank transfers and envelopes, but had not retrieved these records in time for the first inquiry.
The unpaid wages allegation was therefore primarily based on missing documentation rather than real non-payment.
Why Employees File Unpaid Wages Complaints
In New York, employees can file complaints for unpaid wages if they believe employers failed to pay minimum wage, overtime, or contractually promised compensation.
Even misunderstandings or incomplete records can trigger these claims, making legal representation crucial for employers.
2. Unpaid Wages in New York | Legal Standards and Key Issues
An accurate understanding of unpaid wages claims is essential. Under New York Labor Law, wages must be paid in full, on time, and with detailed wage statements.
Overtime pay at 1.5 times the regular rate is required for hours worked beyond 40 per week.
What Counts as Unpaid Wages Under NY Law
The SJKP attorney clarified that unpaid wages include late wages, missing overtime, and failure to provide earned benefits.
Even a one day delay in wage payment may technically constitute a violation.
Therefore, employers must maintain strict payroll documentation.
Is Unpaid Overtime Also Considered Unpaid Wages?
Yes. Under New York Labor Law § 191 and § 663, unpaid overtime is treated as unpaid wages.
Employers who fail to pay overtime may face penalties, liquidated damages, and civil fines.
This made it essential for the employer to show that overtime was not authorized, required, or performed and that no unpaid wages existed.
3. Unpaid Wages in New York | Defense Strategy for the Employer
SJKP’s labor attorney developed a detailed approach to demonstrate that the employer had paid all wages properly and that the employee claims were unsupported.
Rebutting the Claim of Unpaid Severance
The employees alleged unpaid severance during the unpaid wages complaint process.
After reconstructing bank records, the attorney confirmed the severance had been paid in full.
The evidence simply had not been submitted during the first inquiry.
The attorney also demonstrated that the employer made additional payments beyond what was required, showing good faith and compliance.
Rebutting the Claim of Unpaid Overtime Wages
Employees also alleged unpaid overtime. However:
• No records supported the claim.
• Employees claimed handwritten timecards were lost.
• No digital entrance logs, delivery logs, or other work records supported extended hours.
The unpaid wages defense attorney highlighted inconsistencies and emphasized the lack of objective proof.
The employer had consistent wage statements documenting normal working hours.
4. Unpaid Wages in New York | Case Outcome and Employer Vindication
After reviewing the evidence and inconsistencies in employee testimony, the labor agency dismissed all unpaid wages claims.
The employer was cleared of liability for unpaid severance, overtime, and wage violations.
Why the Claims Were Dismissed
Authorities determined:
• The employer had already paid all severance.
• Employees failed to prove any overtime work occurred.
• No objective payroll or attendance records supported the unpaid wages allegations.
This outcome highlighted the importance of proactive documentation and a knowledgeable attorney in unpaid wages disputes.
When Employers Should Seek Legal Counsel
Employers facing unpaid wages claims should seek legal counsel immediately.
Labor disputes often turn on documentation, timelines, and statutory definitions, and without guidance, employers may face avoidable penalties.
5. Unpaid Wages in New York | Legal Support for Employers Facing Wage Disputes
SJKP provides comprehensive legal support for employers confronted with unpaid wages claims, wage theft allegations, and labor-related investigations.
If your business has been accused of unpaid overtime, severance issues, or underpayment, SJKP can review payroll records, prepare responses, and protect your business from unnecessary legal risks.
Contact SJKP today for strategic labor law assistance.
21 Nov, 2025
