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New York Overtime & Unpaid Wages Lawyers

Greg Mansell avatar
Employment attorney in Columbus, Ohio that does work on behalf of the employee. I have been rated by Super Lawyers and recognized by Best Lawyers in America. My...
Francine Friedman Griesing avatar
Francine Friedman Griesing is the founder and Managing Member of Griesing Law, LLC., a woman-owned and operated firm based in Philadelphia. She has over 38+ yea...
John C. Cook avatar
Outside of our families and our homes, our jobs may be the most important relationship we have. When you are having legal trouble in the workplace, or were just...
Jay Marshall Wolman avatar
Jay Marshall Wolman has served as an advocate or neutral in hundreds of contested matters, appearing before state and federal courts and agencies in Connecticut...
Michael C. Bivona avatar
Attorney Michael C. Bivona is a member of both the Connecticut and New York State Bars. Since joining the Firm in November of 2013, Michael has worked on cases ...
Anand Ahuja avatar
Mr. Ahuja is a U.S. citizen born in India. He is admitted in the states of New York, Connecticut, Virginia, U.S. Tax Court, Court of Appeals for the Federal Cir...
Stephen M. Bourtin avatar
Stephen heads up the Stamford, Connecticut office of BLG. He has is often featured in the Connecticut press relating to employment matters, and has spent his ca...
Patrick J. Boyd avatar
Patrick Boyd founded The Boyd Law Group, PLLC and is a experienced labor and employment law attorney frequently featured in the press including on Fox News and ...

If you’re having trouble getting the compensation you deserve, it can have serious consequences. But unpaid wages can be even more complicated. When most people think of problems with unpaid wages, they only think about not getting the money they need to pay bills. 

Not only does unpaid wages mean you don't get the money you worked for, but it can also have tax ramifications when tax season comes around. You don't get the proper documents with the correct information from your employer because they mismarked certain payments during the wrong pay period or marked overtime as bonuses.

What is an Unpaid Wages Lawyer?

A New York unpaid wages attorney is someone who helps people when their employer has violated state or federal law. Specific laws apply to situations like how much you should be paid, when you should be paid, and for what tasks. If any of these laws are violated, and you need to seek compensation, that's where a lawyer for unpaid wages in New York steps in. 

What Does an Unpaid Wages Attorney Do?

An unpaid wages attorney can represent you when you fulfilled your job duties during a given pay period, but your employer did not abide by wage and hour laws. The best unpaid wages lawyer in New York will file a claim with their client’s employer or sue them over things like unpaid overtime. Overtime lawyers can also help when you work overtime, and you should be given time and a half compensation according to state and federal laws, but your employer refuses.

When to Hire an Unpaid Wages Lawyer in New York

You should consider higher a New York unpaid wages lawyer if you have a problem with:

  • Your employer is not paying the legal minimum wage.
  • You need to file an unpaid wage claim.
  • Your workplace compensation violates federal or state law.
  • Your employer has not paid the overtime wages you are due.
  • You need an employment lawyer to help you recover compensation for wage violations.
  • You are an independent contractor and need help recovering unpaid wages.

How to Find a Lawyer for Unpaid Wages

There are several ways to find an overtime attorney: 

  1. You can use the American Bar Association to search for the right attorney in your area. Certain legal specialties have their certification groups. The American Bar Association can help you find those certification groups to select an attorney that specializes in the legal area you need.
  2. You can utilize state resources where you live to find qualified attorneys in your area. 
  3. You can even contact local courthouses or legal aid facilities to ask for referrals.

How Do I Choose an Unpaid Wages Attorney in New York?

There are many ways to choose your unpaid wages attorney. Start by finding an attorney you trust and one you can afford. There are multiple fees for different attorneys, and some fee structures might be better for you than others. You also want someone you know will communicate with you regularly and keep you up to date on your case.

Location

The most important factor when hiring an unpaid wages layer is their location. State law differs from one state to another, so finding someone who is operating from your state in your area means you have a higher likelihood of that attorney being familiar with your state’s laws. You don't necessarily want an unpaid wages attorney who only has experience operating in Ohio if you live in New York.

Breakdown of Practice

Look into the breakdown of their practice. You might have some attorneys that handle 25% wrongful termination cases, 50% unpaid wages, and 25% percent "other." Most lawyers don't have certifications in their specialty. However, they can still be experts in their field, especially if they handle a high volume of cases related to unpaid wages.

How Much Does the Unpaid Wages Lawyer Average Cost New York?

The cost varies depending on the type of work, the experience level of the attorney representing you, the amount of work involved, and more.

You can expect an average hourly rate of around $300 for a lawyer. But the lawyer isn't the only person who works on your case. They typically delegate tasks to paralegals, legal assistants, or secretaries. The average hourly fee for a paralegal is around $100, and the hourly fee for a legal assistant or a secretary is much less. 

During a consultation, you can discuss whether the law firm representing you charges a flat fee or an hourly fee. 

  • If they charge an hourly fee, they bill you for a set amount of time, tracking the hours in six-minute increments and billing you for all expenses related to your case. The downside here is that you don't necessarily know the total cost.
  • You usually pay a specific amount upfront if they charge a flat fee. They might negotiate that you pay a retainer upfront, followed by monthly payments. In this situation, you know exactly how much your legal service will cost. The attorney doesn't have to keep track of every six minutes they spend on your case and invest time billing you monthly.
  • You might also have a situation where they charge a percentage of the settlements, so you only have to pay if you get your unpaid wages back.

Do Unpaid Wages Attorneys Usually Charge for Consultations?

Most of the time unpaid wages attorneys do not charge for consultations. You can discuss this with the attorney or their office before you schedule a consultation.

Frequently Asked Questions

Is hiring an unpaid wages lawyer expensive?

Hiring a lawyer can certainly be expensive, no matter what the reason. Costs will vary depending on the complexity of your issue. For this reason, you have to weigh how much you’re owed in unpaid wages or overtime against how much an attorney might cost. If your boss has shorted you $50, it might not be worth the subsequent legal costs to hire an attorney just to get $50.

How soon until I get my unpaid wages?

This depends on how complex your case is. It also depends on how willing your employer is to respond to any legal attempt to get your money back. If you have sufficient evidence, you might be able to get a settlement within a few months, but a case can also take longer if your employer doesn't want to pay out or if you don't have evidence when you start your case.

How much can I sue my employer for not paying me?

An employer faces a penalty from the state each time they fail to pay an employee on time. Usually, the first violation is a flat fee, but any subsequent violations include a penalty charge and a percentage of the amount of money the employer withheld.