Wage Rights
Unpaid Overtime for New York Construction Workers
Laborers, carpenters, painters, demolition crews, electricians' and plumbers' helpers and other construction workers in New York often work very long weeks. If you are not paid the overtime you earned, you may be owed significant back wages.
Common violations on construction jobs
A day rate or weekly rate with no overtime
Hours cut from timesheets, or time between job sites during the workday left unpaid
Being called an "independent contractor" or paid through a subcontractor to avoid overtime
Being paid in cash with no pay stubs
Not receiving the required wage rate on public works projects
Your rights
Being paid a day rate, in cash, or as a "contractor" does not necessarily take away your right to overtime. New York law gives construction workers special protection against being misclassified, and workers on public projects may be entitled to higher wages.
Workers who were underpaid may be able to recover back wages and additional damages. These rights apply regardless of immigration status, and it is illegal for an employer to retaliate against you for complaining about your pay. Claims have time limits, so it's best to act soon.
Talk to us for free
Consultations are free and confidential, in English or Spanish. Call (212) 792-0046 or send us your information. You can also estimate your unpaid overtime or check whether you may be eligible.