“My employer says I am salaried, so I do not get overtime. Is that true?” “I am asked to work before clocking in. Can they do that?” These are common questions from workers who may be dealing with wage theft. Wage theft can take many forms, from a missing paycheck to a pay practice that quietly shortchanges employees every week.

New York and federal wage laws set minimum standards for pay, overtime, deductions, tips, and wage notices. The details depend on the job and industry, but an employer cannot simply label a worker “salary” or “independent contractor” to avoid its legal obligations.

Common Forms of Wage Theft

Wage theft is broader than an employer refusing to pay a final check. It may involve time that never appears on a timesheet, improper deductions, or misclassification that denies workers overtime.

• Unpaid overtime for eligible employees who work more than 40 hours in a workweek.
• Off-the-clock work before a shift, after clocking out, or during an unpaid meal period.
• Automatic meal deductions when employees were required to keep working.
• Missing minimum wage, spread-of-hours pay, tips, commissions, or promised wages.
• Calling an employee an “independent contractor” when the company controls the work.
• Illegal deductions for uniforms, equipment, shortages, or alleged mistakes.

Salary Does Not Automatically Eliminate Overtime

Some salaried employees are exempt from overtime rules, but many are not. Exempt status depends on both how much an employee is paid and what duties they actually perform. A job title alone does not decide the issue. For example, a manager who spends most of the day doing the same work as hourly staff may not qualify for an overtime exemption simply because the employer calls the position “manager.”

Similarly, independent-contractor status depends on the reality of the relationship, including how much control the business exercises over the work. Misclassification is a common way workers lose overtime, payroll protections, and other benefits.

Start Tracking Your Time and Pay

If you believe you are not being paid correctly, create a clear record. Keep pay stubs, schedules, timecards, direct-deposit records, offer letters, commission plans, and messages that instruct you to work off the clock. Maintain a personal log of hours worked, meal breaks missed, locations, and tasks. If a manager changes time records or tells you not to record time, note when and how that happened.

A detailed log can be valuable when the employer’s records are incomplete or inaccurate. Keep only materials you may lawfully access, and do not remove confidential information that is unrelated to your wage claim.

Raise the Issue Without Giving Up Your Rights

Some pay errors are corrected after an employee asks payroll or HR for an explanation. When you raise a concern, use clear, factual language and keep a copy of what you send. Ask for an itemized explanation of hours, rates, deductions, and overtime calculations.

New York law provides protections against retaliation for workers who complain about wage practices or seek their legally required pay. If your hours are cut, you are disciplined, or you are threatened after raising a wage concern, document that change as well.

Do Not Sign Away a Claim Without Advice

Employers sometimes offer a small payment, a severance agreement, or a release in exchange for ending a dispute. Do not assume a document is routine because it comes from HR. A release may affect important rights. Reviewing it before you sign can help you understand what you are giving up and whether the amount addresses the full problem.

Act Promptly

Wage claims can have meaningful deadlines, and evidence gets harder to locate over time. New York law may provide a longer period than federal law for certain wage-and-hour claims, but waiting is rarely helpful. Early action can protect records, preserve witness memories, and prevent more unpaid work from accumulating.

Talk With a New York Employment Attorney

Whether you were denied overtime, required to work off the clock, or paid less than you were promised, you do not have to sort through the rules alone. Sean O’Hara represents New York employees and offers a free consultation to discuss potential wage-and-hour claims and the evidence that may support them.