Standing Up for Fair Pay in New York City

Every employee deserves to be paid fairly and on time. Yet in New York City, wage theft —when employers fail to pay the wages workers have earned—remains a widespread problem across many industries, from restaurants and retail to construction and home care.

Even worse, some employers retaliate against workers who speak up about unpaid wages or labor violations. Retaliation can take many forms: firing, demoting, cutting hours, or creating a hostile work environment.

If you’ve experienced retaliation after complaining about unpaid wages, you have rights under New York law —and you don’t have to face your employer alone.

What Counts as Unpaid Wages?

Under New York Labor Law and federal law (the Fair Labor Standards Act), workers must receive at least the minimum wage and overtime pay for all hours worked beyond 40 in a week, unless exempt.

Common examples of unpaid wage violations include:

• Not paying minimum wage or overtime.

• Requiring employees to work “off the clock.”

• Withholding tips or service charges.

• Misclassifying workers as “independent contractors.”

• Delaying paychecks or refusing final pay upon termination.

If your employer fails to pay what you’ve earned, you can file a wage claim or lawsuit to recover back pay, penalties, and possibly double damages.

What Is Employer Retaliation?

Retaliation occurs when an employer punishes or threatens a worker for asserting their legal rights—such as filing a complaint about unpaid wages or cooperating with an investigation.

Examples of retaliation include:

• Termination or suspension after filing a wage complaint.

• Reduction in hours, shifts, or pay rate.

• Negative performance reviews or fabricated disciplinary actions.

• Harassment, intimidation, or workplace isolation.

• Immigration-related threats or discrimination.

Both New York State law and federal law make it illegal for employers to retaliate against workers for asserting their rights.

Legal Protections Under NYC and NYS Law

New York has some of the strongest worker protection laws in the country. The New York Labor Law (Section 215) specifically prohibits retaliation against any employee who:

• Makes a complaint about wage theft.

• Testifies in a wage claim proceeding.

• Provides information to authorities about labor law violations.

Workers who suffer retaliation can file a complaint with the New York State Department of Labor, the New York City Department of Consumer and Worker Protection (DCWP), or pursue a civil lawsuit.

Possible remedies include:

• Reinstatement of your job.

• Payment of lost wages and damages.

• Civil penalties against the employer.

• Attorneys’ fees and court costs.

How to Respond If You’re Facing Retaliation

If you believe your employer retaliated against you:

1. Document everything. Keep emails, text messages, pay stubs, and written warnings.

2. Note the timeline. Courts often look at how closely retaliation followed your complaint.

3. Avoid confrontation. Don’t argue directly—let your attorney handle communications.

4. Consult a labor law attorney in New York. A lawyer can assess your case, file complaints, and help you recover both your unpaid wages and retaliation damages.

Why You Need a Labor Law Attorney in New York

Standing up to an employer can be intimidating—especially if your job, immigration status, or future employment is at stake. An experienced labor law attorney in New York can:

• Evaluate whether your employer’s actions amount to retaliation.

• File claims with state or city labor agencies.

• Represent you in settlement negotiations or court.

• Protect you from further harassment or wrongful termination.

At Law Offices of Supriya Kichloo, P.C., we help workers across Queens and New York City recover unpaid wages and fight back against retaliation. We understand that for many clients—especially immigrant and hourly workers—these issues are not just about money, but about dignity and justice.

Protect Your Rights – Contact a Queens Employment Lawyer Today

You work hard for your paycheck, and you deserve to be treated with fairness and respect. If your employer has withheld your wages or retaliated after you spoke up, contact Law Offices of Supriya Kichloo, P.C. for a confidential consultation.

Our team will help you understand your rights, file the proper complaints, and pursue the compensation you’re owed.