How to Report Unpaid Wages

New York's wage and hour laws establish clear requirements for employer compensation practices. Employers must pay employees at least the minimum wage, provide overtime compensation, and maintain accurate payroll records. The state recognizes several categories of unpaid wages violations, including failure to pay minimum wage, improper overtime calculations, and withholding of final paychecks. Workers who experience these violations can pursue claims through multiple channels, including administrative complaints and civil litigation.

As an employee in New York, you have fundamental rights regarding compensation. You are entitled to receive payment for all work performed, including preparation time, cleanup, and waiting periods that constitute compensable work. Employers cannot require you to waive your right to minimum wage or overtime pay. Additionally, you have the right to file complaints without fear of retaliation from your employer. New York law specifically prohibits employers from taking adverse action against employees who report wage violations or participate in investigations.

Begin by gathering documentation of your unpaid wages, including pay stubs, employment contracts, time records, and any written communications with your employer about compensation. Contact the New York Department of Labor's Wage and Hour Bureau to obtain the appropriate complaint form. Complete the form with detailed information about the wages owed, dates of employment, job duties, and the employer's contact information. Submit your completed form to the department along with any supporting documentation. The department will notify you of receipt and provide information about the investigation timeline and next steps in the process.

After you report unpaid wages, the Department of Labor investigates your claim by requesting payroll records from your employer and conducting interviews with relevant parties. Investigators examine whether the employer properly classified you as exempt or non-exempt, calculated overtime correctly, and paid all required wages. If the investigation substantiates your claim, the department may issue a determination requiring the employer to pay back wages plus penalties. Employers can appeal the determination, which may result in a hearing before an administrative judge. Many cases are resolved through settlement negotiations between the department and the employer.

New York law explicitly protects employees who report unpaid wages from employer retaliation. Your employer cannot terminate you, reduce your hours, cut your pay, or take any other adverse action in response to filing a wage complaint. If retaliation occurs, you can file an additional complaint with the Department of Labor and pursue a separate legal claim for damages. Documentation of retaliation, such as emails or witness statements, strengthens your case and demonstrates the employer's illegal response to your protected activity.

You should report unpaid wages as soon as you discover the violation, as New York law provides a six-year statute of limitations for wage claims. This means you can pursue claims for wages owed up to six years in the past. However, filing promptly preserves evidence, ensures witness availability, and demonstrates your commitment to resolving the issue. The Department of Labor typically completes investigations within several months, though complex cases involving multiple employees or extensive payroll records may require additional time. Court litigation can take longer, often one to three years depending on court schedules and settlement negotiations.

Maintain detailed records of all work performed, including dates, hours, tasks completed, and any communications with your employer about compensation. Save all pay stubs, employment agreements, and written correspondence. Photograph or scan documents to create backup copies in case originals are lost or destroyed. Keep records of any conversations with supervisors or human resources personnel regarding unpaid wages, including the date, time, and individuals present. This documentation becomes critical evidence if you need to pursue legal action and demonstrates the credibility and specificity of your claim.