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Employment Law

Unpaid Wages & Overtime Attorneys

Unpaid overtime, minimum wage, tips and final pay. Usher Law Group represents workers under the FLSA and the wage laws of New York, New Jersey and Florida.

When you were not paid what you earned

If you worked it, you should be paid for it

Wage theft is common, and it rarely looks dramatic. It is the overtime that never shows up on the check, the flat weekly amount that stays the same no matter how many hours you work, the tips a manager keeps, or the last paycheck that never arrives. Federal law and the laws of New York, New Jersey and Florida give workers the right to recover what they are owed, and often more.

Usher Law Group represents workers in wage and hour cases in state and federal court. Wages are owed no matter your immigration status, and your employer is not allowed to punish you for asking about your pay.

Owed wages? ProperWage.com is our website for workers in New York, New Jersey and Florida. It explains your pay rights in plain words, and has a time-limit clock, a rough overtime calculator and a checklist of what to save.

Common wage and hour violations

  • Unpaid overtime. Most hourly workers must be paid one and a half times their regular rate for hours over 40 in a workweek.
  • Flat pay for long weeks. A fixed weekly amount does not cover overtime unless the job is truly exempt.
  • Misclassification. Calling a worker an "independent contractor" or a "manager" does not make it so. The law looks at the real job.
  • Off-the-clock work. Work before clocking in, after clocking out or during unpaid breaks still counts.
  • Tip violations. Owners and managers may not keep workers' tips, and tip credits are only allowed when the rules are followed.
  • Illegal deductions. Charges for uniforms, shortages, breakage or equipment are often unlawful.
  • Late or missing final pay. Leaving a job does not end your right to your last check.

Minimum wage in 2026

Where you workMinimum wageTipped food service (cash wage)
New York City, Long Island and Westchester$17.00 an hour (2026)$11.35 an hour
Rest of New York State$16.00 an hour (2026)$10.70 an hour
New Jersey (most employers)$15.92 an hour (2026)$6.05 an hour
Florida$14.00 an hour, rising to $15.00 on September 30, 2026$10.98, rising to $11.98 on September 30, 2026
Federal minimum (where no higher state rate applies)$7.25 an hourn/a

For overtime, being paid a salary is not enough. An employer that claims an exemption must show that both the salary and the actual duties meet the test, and the U.S. Supreme Court held in E.M.D. Sales, Inc. v. Carrera (2025) that the employer must prove it by the ordinary preponderance standard. New York's salary thresholds for exempt workers are well above the federal figure of $684 a week.

Deadlines and what you can recover

ClaimTime limit to sueExtra damages
Federal Fair Labor Standards Act (FLSA)2 years, or 3 years if the violation was willfulAn equal amount in liquidated damages, plus attorney's fees
New York Labor Law6 years100% liquidated damages, 9% interest, and separate damages for missing pay notices and pay statements
New Jersey Wage and Hour and Wage Payment Laws6 yearsUp to 200% liquidated damages
Florida Minimum Wage Act4 years, or 5 years if willfulAn equal amount in liquidated damages, plus attorney's fees

Because the time limits run from each paycheck, waiting can cost you money. Older pay periods drop out as time passes.

Are you an employee or an independent contractor?

Many workers are paid as contractors when the law treats them as employees. New Jersey uses the strict "ABC test," which presumes that a person paid for services is an employee. Federal law looks at the economic reality of the relationship, and New York applies a control-based test with special presumptions for construction and commercial goods transportation. If you are misclassified, you may be owed overtime, minimum wage and other protections.

What to save

  • Pay stubs, checks, envelopes and bank deposits
  • Your own notes of the days and hours you worked
  • Texts, schedules and group chats about shifts
  • Any pay notice you received when you were hired
  • Names of coworkers who saw your hours

ProperWage.com has a printable checklist and a time-limit clock to help you organize.

How we help

We review your pay records and hours, calculate what you are owed under every law that applies, send a demand, and file in court or with the labor department when that is the better path. Wage claims can be brought by one worker or by a group of coworkers together. Settlements of federal wage claims in New York generally need a court's or the Labor Department's approval, which protects workers from signing away their rights for too little.

Learn more about New York Labor Law claims, New Jersey wage and hour claims, Florida wage claims and retaliation.

Frequently asked questions

Can I recover unpaid wages if I am undocumented?

Yes. Wages for work you already performed are owed no matter your immigration status. Threatening to report a worker to immigration authorities because the worker complained about pay is unlawful retaliation.

I was paid in cash. Do I still have a claim?

Yes. Cash pay does not change the rules on minimum wage, overtime or pay records. Your own notes of the hours you worked and messages about your schedule can be strong evidence.

I already quit. Is it too late?

Not necessarily. Federal claims can reach back two or three years, and claims under New York and New Jersey law can reach back six years. Florida minimum wage claims can reach back four or five years.

Will my employer find out that I talked to a lawyer?

Not unless you decide to go forward. Our conversations are confidential. If you do bring a claim, the law forbids your employer from firing, threatening or punishing you for it.

Can my coworkers and I bring a claim together?

Yes. Workers who were paid the same way can often join together in one case, which can make the case stronger and more efficient.