What can an immigrant do if an employer refuses to pay wages?

One of the reasons for fraud and wage theft in New York is the lack of awareness among immigrants about your rights and laws governing wages. Documentedny spoke about the rights of migrants and compiled a list of organizations to contact in case of wage theft.

Between 2017 and 2021, federal and state agencies reported that more than 127 workers were victims of $000 million in wage theft. Many more cases simply go undetected. In addition, it is worth noting that those who are particularly vulnerable in this matter are newly arrived asylum seekers.

Length of stay shelters have been reduced to 30 days, although New York is going to lower the requirements for thousands of vacancies to hire immigrants, but this does not make it any easier. New arrivals and experienced migrants try To find a job with decent pay and without falling for frauds and tricks unscrupulous employers.

Long-term fraud

The wage theft scheme of Francisco Giron and 4 Giron Construction Inc has been going on for over ten years. Former migrant workers accused him of stealing money, and Giron himself and companies associated with his name owed workers and the state approximately $121.

The workers said that the employer promised to pay from $100 to $180 per day. He did not give them pay slips and never asked them for permission to work or proof of completion of Occupational Safety and Health Administration (OSHA) courses. In addition, they were not provided with safe working conditions and personal protective equipment.

On the subject: Where can migrants get help in New York?

Giron not only avoided serious consequences from the Department of Labor (DOL), but also continues to remain in the shadow of law enforcement agencies. Unscrupulous employers can steal wages from any employee; it is important to know what rights you have in case such an unpleasant situation occurs.

Law

The first thing to know is that regardless of legal status, workers are protected by United States labor laws. Moreover, the U.S. Occupational Safety and Health Administration (OSHA) issues U-Visa certificates in support of undocumented workers who have experienced workplace violations such as human trafficking or other workplace abuses.

Workers who report workplace problems to OSHA are protected from immigration prosecution by employers and will be able to remain in the United States legally while OSHA investigates and prosecutes illegal workplace practices. However, wage theft is not currently a crime.

Будьте в курсе minimum wage

New York State has three minimum wages for three types of workers. New York, Long Island and Westchester pay non-tipped workers $16 an hour. The minimum wage for workers in the rest of the state is $15 per hour.

For tipped food service workers, the law is slightly different. A tipped worker in New York, Long Island and Westchester is entitled to a minimum wage of $10,65 per hour plus $5,35 in tips. In the rest of the state, the minimum wage for such workers is $10,00 per hour plus a $5,00 tip deduction.

On the subject: A popular job among immigrants has increased the minimum wage: food delivery workers now earn from $19 an hour

All other service workers in New York City, Long Island and Westchester who work in establishments such as hotels receive a minimum wage of $13,35 per hour plus a $2,65 tip deduction. As for the rest of the state, the minimum wage for tipped service workers is $12.50 per hour plus $2.50 in tips.

New York State labor laws require manual workers to be paid weekly, and clerks and office workers to be paid at least twice a month. The DOL classifies any worker who spends 25% of their time doing “manual labor” as a manual worker. If you are such a worker, and your salary is paid once every two weeks, then this is a violation of the law.

Overtime Law

Overtime pay is an increased rate for all hours worked after 40 hours in a given workweek. New York labor laws require employers to pay one and a half times more for overtime.

For example, if an employee is paid $15.00 per hour, he is entitled to overtime pay of $22.50 per hour (one and a half times the regular rate) for any hour he works after the required 40 hours.

Almost all workers are entitled to overtime pay, with the exception of, for example, professional workers who receive a fixed salary.

Prevailing wage

According to New York State Labor Law, contractors and subcontractors are required to pay workers on public projects the prevailing wage rate and any fringe benefits.

The rate is determined by the Department of Labor's Bureau of Public Works or the Bureau of Labor Laws in the City Comptroller's Office. Prevailing wage laws apply to all laborers, clerks, or mechanics employed under a public works contract.

Other building maintenance workers, such as janitors, may also be entitled to prevailing wages if they work under a government or public agency contract.

Some localities throughout the state may also require that workers contracted with local governments be paid a “living wage” established by law. The employee should check with their local municipality to determine whether such laws apply to them.

Misclassification of independent contractors

Independent contractors are not entitled to the same labor protections as other workers. To circumvent labor laws, some unscrupulous employers misclassify employees as independent contractors to avoid paying minimum wage and overtime.

If a worker believes that his employer is misclassifying his work, he should file a complaint with the Labor Office.

Wage theft can happen in different ways:

• Employers do not pay employees wages for services rendered or work performed.
• They do not pay workers the minimum wage, which is $1 per hour in New York as of January 2024, 16;
• They withhold tips from employees and do not pay wages for overtime work;
• Illegally deduct or withhold wages from employees;
• They do not compensate for the cost of uniforms, tools or equipment necessary for work;
• Deduct commissions, interest or administrative expenses of the employer from employee salaries;
• They do not provide time for lunch after working a certain number of hours;
• Reduce wage rates without prior notice.

What to do if you suspect you have been a victim of wage theft:

If you feel like your employer is withholding your wages, know that if you stop working, your employer is still required to pay you for the hours you already worked.

Experts say you should keep detailed documentation of how many hours you've already worked and how much you're owed. This may include pay stubs, pay notices, time sheets and other relevant documents.

You can also report suspected wage theft to a number of different city and government agencies. You can also sue your employer in civil court. Suing an employer is a path that, for many workers, involves protracted proceedings and the need to obtain legal representation. Lawyers say workers may have a better chance in class action lawsuits if multiple workers band together and file a complaint.

Workers also have the right to unionize in their workplace, regardless of their immigration status.

Where can I report potential wage theft?

You can report wage theft to the New York State Department by calling hot line Agency Wage Theft Task Force at 833-910-4378 or you can email [email protected] asking for help.

To file a claim for unpaid wages, you may need Form LS223, which is available Russian. Completed application forms can be sent to this address:

NYS DOL:
Division of Labor Standards Harriman State Office Campus
Building 12, Room 185B
Albany, NY 12226

You can also submit completed claim forms by email: [email protected]. If you need further assistance filing a complaint, please call 888-469-7365.

To file a complaint with the New York Attorney General's Office, go to at this link and select the option that suits your case.

Additionally, you can report any suspected workplace violations, including failure to receive proper pay or time off, to New York State at this link. You can also call the Task Force hotline at 888-469-7365. State officials say messages can be left anonymously.

How to report wage theft to the prosecutor's office:

• To report wage theft to Manhattan District Attorney's Office, call the Division of Worker Protection Hotline at 646-712-0298.
• В Brooklyn District Attorney's Office You can file a complaint by calling the District Attorney's Action Center at 718-250-2340.
• In the Bronx, you can contact the District Attorney's Office by calling civil complaints department by calling 718-838-7040 or filling out the appropriate form at this link.
• В Queens District Attorney's Office The Housing and Workers Protection Bureau investigates and prosecutes wage theft crimes. For more information, please email or call 718-286-6673.
• On Staten Island, he handles wage theft cases. Economic Crimes Bureau district attorney. The bureau can be reached by calling (718) 697-8318.

Workers Justice Project (WJP)

WJP is a New York-based workers' center that advocates for better working conditions. The group has more than 12 members and helps organize low-wage immigrant workers seeking to “raise job standards in the construction, home cleaning and app-based delivery industries.” WJP encourages employees to come into the office to discuss concerns.

• Williamsburg:
  Broadway 365
  Brooklyn, NY 11211
  Phone: 347-889-6340
• Sunset Park:
  4112 4th Ave
  Brooklyn, NY 11232
  Phone: 347-422-0667

New York Legal Assistance Group's Employment Law Unit (NYLAG)

NYLAG's employment law attorneys “represent workers who have experienced wage theft, discrimination, harassment, and other unfair treatment by employers,” NYLAG says. They can help workers recover unpaid wages.

To speak with an NYLAG worker's rights staff member, call 212-613-5000

The Legal Aid Society's Employment Law Unit

The majority of cases handled by Legal Aid's employment law department involve wage violations, workplace discrimination, and other related issues. The department partners with community organizations and work centers throughout the city to assist clients with labor law issues.

To contact Legal Aid about wage theft, call Access to Benefits hotline: 888-663-6880, Monday through Friday, 10 a.m. to 00 p.m.

Legal Services NYC Employment Law and Workers' Rights practice

Legal Services NYC helps low-income workers who are dealing with unpaid wages, overtime, and other issues. They advise, refer to specialists and represent their interests.

The organization has a legal assistance hotline at 917-661-4500, open Monday through Friday from 9:30 a.m. to 16:00 p.m.

El Centro del Inmigrante

This Staten Island-based grassroots organization advocates for immigrant workers and their families. In conjunction with other organizations, it offers assistance with wage theft claims at its community job center, as well as wage theft awareness workshops.

El Centro Del Inmigrante Job Community Center
260 Port Richmond Ave.
Staten Island, NY 10302

Phone Number: ​347-825-2086 ​

El Centro Del Inmigrante
221 Heberton Ave.
Staten Island, NY 10302

Phone Number: 718-420-6466

Email: [email protected]

New Immigrant Community Empowerment (NICE)

NICE works with unions, legal groups and the DOL to help build individual and class action cases against employers who engage in worker exploitation, including wage theft.

NICE Worker Center

71-29 Roosevelt Avenue, 2nd Floor
Queens, NY 11372

Phone Number: 718-205-1687

Make the Road New York

Make the Road New York's legal team helps immigrant workers "collect unpaid wages, access workers' compensation benefits, and resolve health and safety violations." Their offices are in Brooklyn, Queens and Westchester. provide services on Employment and Workplace Justice.

Bushwick, Brooklyn

301 Grove Street
Brooklyn, NY 11237

Phone Number: 718-418-7690

Jackson Heights, Queens

92-10 Roosevelt Avenue
Jackson Heights, NY 11372

Phone Number: 718-565-8500

White Plains, Westchester

46 Waller Ave
White Plains, NY 10605

Phone Number: (914) 948-8466