Wage Rights

Unpaid Overtime and Stolen Tips for New York Restaurant Workers

Cooks, dishwashers, servers, bussers, bartenders, delivery workers and other restaurant staff in New York have strong wage protections. If you work long shifts and your paycheck doesn't add up, you may be owed money.

Common violations in restaurants

  • No overtime pay for long work weeks

  • A flat daily or weekly rate that doesn't cover overtime

  • Managers or owners keeping part of the tips

  • Being paid in cash with no pay stub or written pay rate

  • Missing extra pay owed for very long workdays

  • Working off the clock before opening or after closing

Your rights

New York and federal law protect restaurant workers, including the right to overtime pay, the right to keep your tips, and the right to written information about your pay. 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 asking about your pay. Claims have time limits, so it's best to talk to a lawyer soon.

A recent result

Levin-Epstein & Associates was appointed Class Counsel for restaurant workers pursuing wage-and-hour claims in Eldar v. Miznon Holdings LLC (N.Y. Sup. Ct., New York County) and secured an $825,000 settlement, subject to court approval. Prior results do not guarantee a similar outcome.

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.

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