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What should I do if my employer owes me unpaid overtime?

On Behalf of | Jan 9, 2019 | Firm News, Wage & Hour Laws

Proper compensation is something every worker in New York deserves. And whether you are an employee, contractor or another type of worker, you have the right to take action if you are not receiving appropriate wages.

However, many workers do not know what to do if they feel an employer owes them money. In this post, we will briefly explain the steps you can take to collect unpaid wages.

  1. Keep accurate records, and review them regularly. This includes tracking your hours as well as holding on to any correspondence with your employer or supervisor about pay increases or overtime. Should a dispute arise, having your own records can be crucial in discussions with your employer or filing a claim.
  2. Talk to your employer. It is possible that an isolated incident of unpaid wages is accidental. If this could be the case, then having an upfront conversation with your boss could help clear up the issue. Even if the unpaid compensation may have been intentional, talking to your employer about it directly and as soon as possible can help to remedy the situation without further incident.
  3. File a claim with the Division of Labor Standards in New York if the situation remains unresolved. To do this, you will submit a claim stating what the violation is, who you are naming in the claim and other information. The details in this form allow the agency to investigate the situation and make a determination. As such, it is crucial to be specific and provide any evidence you may have to support your claim.

This brief outline can help readers recognize the importance of being proactive in situations involving unpaid wages. Typically, employers will not come to employees to offer up remedies; it is often up to the individual employee to take the necessary action to collect what is rightfully theirs.

This can be a stressful, confusing and possibly intimidating situation. Therefore, it is critical to understand that you do not have to navigate these circumstances alone. You can consult an attorney who can help you confront your employer or file a claim seeking the money you are owed.