Living and working in New York can seem like the American dream for some people, but it might be a nightmare when your paycheck is late or you don’t receive it at all. Wage theft is illegal, which means you have the right to file a claim if your employer refuses to pay you what you’re due.
What are the different types of wage theft?
The New York State Department of Labor will investigate any claims made against an employer. Wage theft can include the following:
• Failing to pay the employee for all the hours they worked, including training while on the job
• Not paying bonuses that were promised to the employee
• Not paying overtime, holiday or vacation time the employee is due
• Withholding tips
• Reducing an employee’s hourly pay without informing them first
• Bouncing an employee’s paycheck due to insufficient employer funds in the bank
What is the eligibility to file a complaint?
If you have been the victim of wage theft, you can file a claim against your employer as long as you meet certain requirements. You must be a full- or part-time regular employee of the company and not an independent contractor or freelance worker. Government workers, salespeople who only earn commissions, and administrative or executive professionals who make more than $900 per week are not eligible.
How to file a claim for wage theft
It’s important to thoroughly read all the instructions prior to filing your claim. You should obtain the LS 223 form, which is available in multiple languages. Include all information regarding your pay, hours worked, amount of money you’re owed, and more. You should also include your contact information and your employer’s contact information. Be sure to sign the form.
You must mail your form once it’s completed. Include any supporting documentation with it to strengthen your claim. The form should be mailed to the Division of Labor Standards, Harriman State Office Campus Building 12, Room 266B, Albany, NY 12240.
After you have sent your form and documentation, you should receive an update in the mail around a month later. The notice will update you on the status of your claim, so store it in a safe place.
It’s your right to receive the full amount of wages you’re due. If you run into problems, the legal system provides a way for you to seek recourse.