Wage Rights
Paid in Cash or Called an Independent Contractor in New York?
Many workers in New York are paid in cash, paid "off the books," or told they are independent contractors. That does not take away your right to minimum wage and overtime. If you work long weeks and aren't paid overtime, you may be owed back wages.
Being paid in cash is not a loophole
Paying in cash is not illegal by itself. But an employer who pays in cash must still pay overtime and give you written information about your pay and hours. Many cash-paid workers receive none of this.
A label does not decide whether you are an employee
Being called a "contractor," receiving a 1099, or signing an agreement does not settle the question. What matters is how the work really happens, for example:
Does the company set your schedule, tell you how to do the work, or supervise you?
Do you work mainly or only for this company?
Does the company provide the tools, vehicle, uniform or materials?
Are you paid by the hour or by the day rather than per finished project?
In some industries, including construction and commercial trucking, New York law makes it especially hard for companies to treat workers as contractors.
What you may be able to recover
Unpaid overtime and wages
Additional damages, interest and attorneys' fees
Additional damages if you never received proper pay notices or pay stubs
Protection regardless of immigration status, and protection from retaliation
Claims have time limits, so it's best to act soon.
Don't have records? You may still have a case
It helps to keep texts, photos, schedules and your own notes of the hours you worked. But it is the employer's job to keep time and pay records. If they didn't, your own reasonable estimate of your hours can be enough.
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.
Also see: restaurant workers, construction workers, home care aides.