Late Payment of Wages
New York City Unpaid Wage Lawyers
The right of a worker to be paid is fundamental, both for human rights generally and in labor law specifically. A part of that right means that payment should be in a timely manner. Our New York City unpaid wage lawyers can help fight for those who always seem to have to wait for their paycheck…if it ever comes at all.
Brown Kwon & Lam believes everyone should have accessible and professional legal counsel available to them, especially om something as existential as getting paid. From our New York City office, we serve people on Long Island, Westchester County, New York and New Jersey.
How Often Do Wages Have To Be Paid?
Section 191 of New York’s labor laws regulate how often wages have to be paid, and the rhythm of the pay cycle can be different depending on the type of work being done. Manual workers must get their paycheck every week. A sales rep who works on commission must receive their money no less than once per month (although it can be more frequent, if stipulated in the employee-employer agreement).
Other job, such as those involving executive roles, may not have a legally proscribed time period where wages have to be paid, although the basics of contract law—the right to receive what one agreed to—still applies in these circumstances.
Common Untimely Wage Violations
The most blatant and direct violation of Section 191 is for an employer to simply be derelict in paying their staff. Our New York City unpaid wage attorneys can work with clients to identify the date on which payments are being issued, note any ongoing patterns of untimely payment, and file a claim on that basis.
Other violations may be a little less straightforward. Are there bonuses that were promised, but have not been delivered upon? That’s an example of untimely wage payment. Another scenario might be where an employer agrees to accept compensation for unused vacation time, but never receives it.
Documentation is important in cases like this. It’s necessary to establish that the employee did indeed have the right to receive income, and that it was never delivered. It’s the job of Brown Kwon & Lam to advise clients on what they need and to offer guidance on how to get it.
How Employees Can Protect Themselves
A written paper trail can be invaluable in the event a claim has to be filed with The New York Department of Labor. Employees can make copies of their timecards before turning them in. In that same regard, it’s important to maintain records of agreements regarding bonuses, commissions, and to itemize any out-of-pocket expenses an employee may have taken on for something work-related.
If a paycheck is late or short, make sure the complaint is delivered in writing (or via email ,with its date and time stamp). It can also be helpful to talk to coworkers. Patterns of behavior by an employee can be important if a case goes to court, and there might even be grounds for a class action lawsuit if the wage violations are sufficiently widespread.
The timely payment of wages can be essential to having stability in one’s life. People who are there for their employer have the right to insist that their employer be there for them—in the form of renumeration at the right time and in the right amount. Our New York City unpaid wage lawyers can help employers hold their bosses accountable.