March 15, 2025

How to Recover Unpaid Wages and Tips in New York

If your paycheck doesn’t reflect the hours you worked—or if tips you earned were taken or withheld—you may be the victim of wage theft. It’s frustrating, unfair, and all too common in New York workplaces. The good news? You have rights. And you don’t have to take on your employer alone.

At Mizrahi Kroub LLP, we’ve helped thousands of workers across New York recover the money they’re owed. With over 50 years of collective experience, $1 billion+ recovered for clients, and a track record of over 5,000 cases resolved, we know how to fight—and win—for everyday employees like you.

Know Your Rights as a New York Employee

New York’s labor laws are designed to protect workers from abusive practices like unpaid overtime, withheld tips, or being misclassified as independent contractors. Whether you’re working in a restaurant, retail shop, office, or remotely, your employer is legally obligated to pay you fairly. If they don’t, you have the right to take action—and we’re here to help you do it.

Common Forms of Wage Theft in New York

Wage theft can take many forms, some obvious, others subtle. Here are a few of the most common violations we see:

  • Unpaid Overtime: Working more than 40 hours a week without receiving time-and-a-half pay.
  • Stolen Tips: Employers taking a portion of your earned tips or failing to distribute tips fairly among workers.
  • Minimum Wage Violations: Being paid less than the legal minimum wage, even through service charges or off-the-books payments.
  • Off-the-Clock Work: Being asked to work before clocking in, after clocking out, or during unpaid breaks.
  • Misclassification: Being labeled an “independent contractor” or “exempt” employee to avoid paying overtime or benefits.
  • Illegal Deductions: Having wages withheld for uniforms, equipment, mistakes, or other unauthorized reasons.

If any of this sounds familiar, you may be entitled to recover not just the money you’re owed—but additional damages as well.

Steps to Take if You’re Owed Wages or Tips

Document Everything: Keep records of your hours worked, pay stubs, tips received (or not received), and any communication with your employer. Your notes can be powerful evidence.

Speak Up: If you feel safe doing so, raise the issue with your employer or HR. In some cases, a simple mistake can be corrected quickly.

Send a Demand Letter: A formal letter demanding payment can often prompt your employer to resolve the issue. We can help you draft it or send it on your behalf.

File a Legal Complaint: If your employer refuses to pay or continues violating the law, it may be time to file a claim with the New York Department of Labor—or pursue a lawsuit with a trusted employment lawyer by your side.

Why Workers Choose to Fight With Mizrahi Kroub LLP

At Mizrahi Kroub, we don’t back down. We’ve gone up against major corporations and won, all while making sure our clients feel seen, heard, and supported. We treat every case like it matters—because to you, it does. Whether you’re missing $500 or $50,000, our team is ready to help you get what you’re owed.

We’ve handled thousands of wage and hour cases across New York and have a deep understanding of the laws, courts, and strategies that get results.

Take a Stand for What You’ve Earned, Contact Us Today

You put in the hours. You did the work. Now it’s time to get paid. If you’re missing wages or tips, contact Mizrahi Kroub LLP today. Our team of experienced New York unpaid wages lawyers will fight to recover what’s rightfully yours—and protect others from being taken advantage of too.

When you stand up for fair pay, you’re not just helping yourself. You’re helping protect every worker who comes after you. Contact us today to get help!

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