How a Labor and Employment Lawyer Can Help You in New York

In a city that never sleeps, hard work powers every block, borough, and business. But too often, that labor goes uncompensated, unprotected, or unrecognized. If you’ve been misclassified, underpaid, denied overtime, or let go unfairly, you’re not alone, and you’re not without options. At Morgan & Morgan, we help workers across New York stand up to wage theft, discrimination, harassment, and wrongful termination. Because in this city, your rights on the job should matter just as much as your hustle.

Fighting for Fair Pay in Every Borough

Whether you're clocking in at a Brooklyn construction site, managing inventory in a Bronx retail store, or working the line in a Manhattan restaurant, you’re entitled to fair compensation. Unfortunately, many New York employers cut corners by misclassifying workers as independent contractors, skimming off hours, or denying proper overtime pay.

Wage theft takes many forms, including:

• Paying less than the NYC minimum wage ($16.50/hour as of 2025)
• Denying overtime for hours worked beyond 40 in a week
• Requiring off-the-clock work before or after scheduled shifts
• Misclassifying employees as exempt or “independent contractors”
• Forcing tipped workers to share gratuities with managers or non-tipped staff

New York’s labor laws are clear, but that doesn’t mean employers follow them. When they don’t, you may be entitled to back pay, legal fees, and potentially punitive damages.

What If I’m a Salaried Employee or Misclassified as a Contractor?

Being salaried doesn’t automatically exempt you from overtime. Many NYC workers are improperly classified to avoid overtime payouts. You may still qualify for additional compensation, especially if:

• You don’t manage other employees
• You spend most of your time doing routine tasks
• Your pay is under the federal threshold for exempt employees

Similarly, if you’re labeled an “independent contractor” but work regular hours under an employer’s control, you may be misclassified and owed wages and benefits as a result.

Protections Against Discrimination and Harassment

Discrimination and harassment are not only unethical but also illegal. Federal law, New York State law, and NYC’s Human Rights Law all protect workers against unfair treatment based on:

• Race, ethnicity, or national origin
• Gender or sexual orientation
• Age, religion, or disability
• Marital or veteran status
• Political affiliation or arrest record

Workplace harassment can be verbal, physical, or psychological, and it doesn't have to come from a boss. Coworkers, clients, and even third-party vendors can be held accountable if your employer allows the behavior to continue.

Examples of harassment include:

• Vulgar or sexual jokes
• Negative remarks about age, race, or religion
• Retaliation for reporting misconduct
• Suggestive images or comments in the workplace

New York has some of the strongest anti-discrimination laws in the country. You have every right to expect a safe, respectful work environment and legal options when that’s not what you receive.

What Is Wrongful Termination in an At-Will State?

New York is an at-will employment state, meaning employers can fire workers for almost any reason or no reason at all. But there are critical exceptions. Your firing may be unlawful if it involved:

• Discrimination based on a protected characteristic
• Retaliation for reporting harassment, unsafe working conditions, or wage violations
• Breach of an employment contract
• Denial of protected medical or family leave

Just because a firing seems sudden doesn’t mean it’s legal. If your termination raised red flags, an employment lawyer can help determine whether your rights were violated.

Break Time, Meal Periods & Off-the-Clock Work

In New York, you’re legally entitled to a meal break if you work more than six hours, but you’re not guaranteed shorter rest breaks. That said, if your employer offers paid breaks, they must be counted as work time and cannot be deducted from your pay.

Unfortunately, off-the-clock violations are prevalent in industries such as hospitality, healthcare, and retail. Common issues include:

• Managers asking workers to clock out early and keep working
• Prep work before a shift starts, or clean-up after clocking out
• Denying pay for mandatory training or travel between job sites

NYC Labor Law vs. Federal Law

New York City and State labor laws often go beyond federal standards. For example:

• NYC's minimum wage is higher than the federal rate
• The NYC Human Rights Law protects more characteristics than Title VII
• The state allows broader protections for undocumented workers

If you’re unsure which laws apply, you don’t have to figure it out alone. Our attorneys can determine which regulations best support your claim.

What Happens During a Free Case Evaluation?

If you reach out to Morgan & Morgan, here’s what you can expect:

• We listen. You’ll share the facts of your situation in a confidential setting.
• We evaluate. Our team will assess whether your rights may have been violated.
• We guide. If we take your case, we’ll explain every step and handle the legal heavy lifting.
• You pay nothing upfront. We only get paid if we recover compensation for you.

Class Action Lawsuits and Group Claims

Wage theft isn’t always isolated. In many cases, entire groups of employees are subjected to the same unlawful practices. That’s where class action lawsuits come in. These can be especially powerful in:

• Restaurant chains with unfair tip-sharing policies
• Delivery companies misclassifying drivers
• Healthcare systems that require unpaid pre-shift work

If others at your job are facing the same issues, you may be eligible to join or start a group claim.

Protections for Undocumented Workers

In New York, your immigration status does not prevent you from pursuing a wage claim. You have the right to be paid fairly and treated with respect, regardless of whether you’re documented. Employers who exploit workers based on status can and should be held accountable.

Industry-Specific Employment Law Issues

Certain NYC industries are more prone to labor violations:

• Healthcare: Unpaid overtime, on-call hour disputes, forced off-the-clock work
• Construction: Misclassification, unsafe working conditions, lack of proper breaks
• Retail: Unpaid restocking, mandatory off-the-clock prep, denial of rest periods
• Food service: Tip theft, sub-minimum wage violations, inconsistent scheduling

Our firm handles employment cases across these and other industries, with a deep understanding of the day-to-day realities workers face.

What Can You Recover in a Labor Law Case?

If your employer violated your rights, you may be eligible for:

• Back pay and unpaid wages
• Overtime compensation
• Liquidated damages (often double the amount owed)
• Emotional distress damages (in harassment or discrimination cases)
• Reinstatement (in wrongful termination cases)
• Attorney’s fees and court costs
• Punitive damages in egregious cases

Take Action Before Time Runs Out

New York has strict deadlines for labor law claims. The statute of limitations for these cases varies depending on the type of claim and the location where the claim is being made. That’s why it’s critical to speak with a lawyer as soon as you suspect something’s wrong.

Contact a New York Labor and Employment Lawyer

At Morgan & Morgan, we represent employees, not corporations. From minimum wage violations to wrongful termination, we fight to ensure that every worker’s rights are respected and enforced. If you’ve experienced discrimination, wage theft, harassment, or any other form of mistreatment on the job, let’s talk.

You don’t have to stay silent. You don’t have to navigate this alone. And you don’t pay unless we win. Fill out a free case evaluation today.