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Pay Stubs are Required, and Not Receiving One Could Entitle You to $5,000
Did you know that your employer must provide you with a pay stub with each paycheck? And if you do not receive one, you could be entitled to up to $5,000 under the New York Labor Law.
In New York State, as part of the Wage Theft Prevention Act, employers are required
to provide a Statement of Wages, also known as a Pay Stub,
with each payment of wages.
This is what a pay stub typically looks like:
It must contain the following information:
- Employer’s information
- Your name
- Dates covered in payment period
- Type of payment (hourly, salary, commission, etc)
- Rate of payment (regular rate and overtime rate)
- Deductions and Allowances
- Gross wages
- Net wages
It is a common violation for employers to inaccurately report your hours.
For example, if they put down that you worked exactly 40.0 hours in a given week, when in reality you worked hours over 40, even if it was only 40.8 hours. Another common violation is when employers don’t provide you with the pay stub timely - it must be given at the time the paycheck is given, and not weeks later. The pay stub has to be accurate. If it is not, then it is defective and you could be entitled to up to $5,000.
If you are not provided with a Pay Stub that includes at least this information, then you could be entitled to $50 per workday, up to $5,000. We regularly recover this amount, plus other damages, for our clients who are owed wages and who did not receive a Pay Stub.
At Bouklas Gaylord LLP, we have settled or recovered over millions of dollars for our clients. Call us today for a free consultation. We work to get you the money you deserve, and we only get paid if you get paid.
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The Minimum Wage is different for each region of New York. In 2024, the minimum wage is $16 per hour in New York City, Long Island, and Westchester, regardless of the size of the employer. That wage is effectively lower if you take tips, like waiters in restaurants, down to $10 per hour after tip credit. New York prides itself on worker protections that go above and beyond the federal standard, which remains stuck at $7.25 per hour. If you were making less money per hour based on this chart, then call Bouklas Gaylord LLP today. We can help recover the wages you should have earned, with interest, penalties, and other fees .
Did you know that your employer must provide you with a pay stub with each paycheck? And if you do not receive one, you could be entitled to up to $5,000 under the New York Labor Law. In New York State, as part of the Wage Theft Prevention Act, employers are required to provide a Statement of Wages, also known as a Pay Stub, with each payment of wages. This is what a pay stub typically looks like:
Did you know that your employer must provide you with a Hiring Notice when you're hired? And if you do not receive one, you could be entitled to up to $5,000 under the New York Labor Law? In New York State, as part of the Wage Theft Prevention Act, employers are required to provide a Notice and Acknowledgement of Pay Rate and Pay Day, also known as a Hiring Notice , at or shortly after the time you are hired. Your employer is required to provide you with this form within 15 days of hire, must retain the form for a period of six years, and it must be signed by you, the employee. This is what the form typically looks like:
Did you know that if you work a 10 hour shift, you could be entitled to one additional hour of pay? This is known as “Spread of Hours Pay” and is mandated by the New York Labor Law. Specifically, if you work in the “hospitality industry,” which includes restaurants, fast food establishments, and hotels, then you are entitled to Spread of Hours Pay for all shifts that begin and end more than 10 hours apart. This means the time you actually start your shift and the time you actually end your shift, which could be longer than what you are scheduled for. A shift that ends 10 hour and 1 minute after it began automatically entitles you to one additional hour at your regular rate of pay. For employees outside of the “hospitality industry,” which could include work such as construction, security guard and fire guard, mechanic, and others, you are entitled to Spread of Hours only if you are paid the minimum wage. If you are paid above minimum wage, and do not work in the “hospitality industry,” then through a quirk of New York law, you are not entitled to Spread of Hours Pay. However, if you are not paid for all hours worked, then you may still be entitled to Spread of Hours Pay as your effective wage may be at or under the minimum wage. Bouklas Gaylord LLP has successfully litigated numerous cases involving spread of hours pay and has settled or recovered over $1,000,000 in the last 12 months alone. Contact us today for a free consultation.
In 2017, New York City enacted the Freelance Isn’t Free law, protecting freelancers from their clients who don’t pay them timely or in full. Technically, freelancers, also known as contractors, are not employees under federal law and under New York law. This means that contractors and freelancers do not receive protections under the New York Labor Law or the FLSA. However, many people now work as contractors or freelancers full-time, including Uber and Lyft drivers, construction workers, maids and cleaners, art designers, and workers in many other industries. The Freelance Isn’t Free law adds protections for contractors where there weren’t any before, and this covers employees in Manhattan, Brooklyn, Queens, Bronx, and Staten Island. Freelancers and contractors are covered under this law and have labor law protections for the first time . You can be a sole proprietor (which means you don’t have a company), or you can have an LLC or corporation that you use to bill your clients. Must Be Paid Within 30 Days: clients must pay contractors and freelancers within 30 days of the completion of the work, unless the contract specifies another timeframe, and then the payment is due timely in accordance with the date in the contract. Must Have A Contract: clients must use a contract for freelancers and contractors for work that is over $800. Must Pay What Is Owed: clients cannot require that a freelancer or contractor accept a payment of less than what is owed in exchange for timely payment. If a client tries to pay you a portion of what is owed, then you can still sue for the remainder. Protection Against Retaliation: clients cannot retaliate against a freelance or contractor for exercising their rights in seeking payments. Examples of retaliation is the termination of other contracts by the client or intimidation, discipline, harassment, or other penalties. 2X Damages and Attorneys’ Fees: freelancers and contractors are entitled to twice the money that they are owed when a client fails to pay them timely, in addition to attorneys’ fees. These are the same protections as afforded under the New York Labor Law. Bouklas Gaylord LLP has successfully represented clients in recovering funds that they are owed from their employment, whether freelancers/contractors or employees, having settled or recovered over $1,000,000 in the past 12 months alone. Contact us today for a free consultation.
First off, as a general rule, you should never have to pay your employer for your uniform , and your employer should never deduct the cost of the uniform from your paycheck. If your employer charges you for your uniform, then contact us - you are probably entitled to money in a lawsuit that we can prosecute for you. Employees who are made to wear uniforms are likely entitled to extra pay each week called Uniform Maintenance Pay. The New York Labor Law mandates up to $18.65 per week in extra pay for each employee who qualifies for Uniform Maintenance Pay. Over the course of a year, that could add up to almost $1,000 in extra pay, and potentially even more if we find other violations in the course of your employment. Who is Entitled to Uniform Maintenance Pay? "Hospitality" Employees: Workers in restaurants, fast food establishments like McDonalds or KFC, or hotels, have to be given one uniform per shift as a general rule of thumb . For example, if you work three days per week, then you should be given three uniforms by your employer . You should never have to pay for these uniforms. If you are given less than one uniform for each shift you work, then you are likely entitled to Uniform Maintenance Pay. Everybody Else: If you are paid minimum wage and work somewhere that isn’t a hotel or a restaurant or fast food establishment and are paid minimum wage, then you must be paid Uniform Maintenance Pay regardless of how many uniforms you are provided . In our experience, security guards and fire guards are industries in which workers routinely earn minimum wage, have to purchase their own uniforms, and are not provided uniform maintenance pay. Bouklas Gaylord LLP is one of the leading law firms in New York State prosecuting uniform maintenance pay and uniform reimbursement violations, with several class actions either settled or pending in Supreme Court. We have settled several class action cases in New York totaling hundreds of thousands of dollars involving uniform maintenance pay and reimbursement, with several more class actions pending. If you were expected to wear a uniform at your job, call us today and we can determine if you are owed money by your employer.