In an ideal world, every employee would receive fair compensation for their hard work, paid promptly and correctly according to federal and New York state labor laws. However, many New York workers are confronted with wage and hour violations—such as unpaid overtime, withheld tips, failure to pay minimum wage, or misclassification as independent contractors—which can leave them struggling financially. If you believe you are being underpaid by your employer, you may have grounds for a wage and hour case. Turning to a skilled attorney can make all the difference in recovering the compensation you deserve.

The Law Office of Delmas A. Costin, Jr. is a dedicated legal practice based in New York that focuses on protecting the rights of workers who have been unfairly underpaid. With a track record of success and a strong understanding of both state and federal wage and hour laws, this law firm strives to help employees stand up to unlawful employer practices and reclaim wages that have been wrongfully withheld.

Understanding Wage and Hour Laws in New York

New York workers are protected by a combination of federal and state laws designed to ensure that employees receive fair pay for the hours they work. At the federal level, the Fair Labor Standards Act (FLSA) sets the minimum wage, overtime pay standards, and guidelines for record-keeping. Meanwhile, New York Labor Law provides additional protections, including a higher minimum wage in many areas of the state, robust regulations for tips in hospitality industries, and stricter rules for meal breaks and rest periods.

These laws outline key rights, such as:

• Minimum Wage and Overtime: Most hourly workers must be paid at least the state’s minimum wage. Employers are also required to pay non-exempt workers time-and-a-half for any hours worked beyond 40 in a given workweek.
• Tip Regulations: Tipped employees, like servers or bartenders, must receive at least the minimum wage when their base pay plus tips are combined. If tips do not bring them up to the minimum wage, the employer must cover the difference.
• Meal and Rest Breaks: In certain industries, employees have the right to meal breaks and may be entitled to paid rest periods under New York Labor Law.
• Independent Contractor vs. Employee Classification: Misclassification is a common tactic employers use to avoid paying certain benefits or overtime. Workers classified as independent contractors when they are truly employees could be missing out on critical wage and hour protections.

When employers fail to meet these obligations, employees can suffer significant financial harm. Wage theft—unlawfully underpaying or withholding earned wages—is not just unethical; it’s illegal. By seeking advice from The Law Office of Delmas A. Costin, Jr., affected employees can explore their legal options and potentially recover unpaid wages, damages, and attorney fees.

Signs That You May Have a Wage and Hour Case

Not every pay discrepancy is immediately obvious. Many employees realize too late that they have been systematically underpaid. Some clues that you might have a wage and hour case include:

• Regularly Working Off the Clock: If your employer expects or encourages you to work before your scheduled shift or remain after to complete tasks without compensation, you are likely owed wages.
• Receiving Less Than Minimum Wage or Overtime Pay: For non-exempt employees, any time worked over 40 hours in a week should be compensated at one-and-a-half times their regular rate of pay. Failing to receive this pay or being paid below minimum wage is a red flag.
• Unpaid Tips or Withheld Gratuities: Employers cannot withhold tips meant for employees. If you suspect your employer is taking a portion of your tips or not applying them toward meeting minimum wage requirements, you may have a claim.
• Improper Deductions from Paychecks: Some employers may deduct money from workers’ pay for uniforms, equipment, or alleged cash register shortages in a manner that violates the law. If these deductions bring your earnings below the minimum wage or are not legally allowed, your rights may have been violated.
• Misclassification of Employment Status: You might be labeled as an independent contractor to circumvent overtime pay or benefits. If you perform duties and have a schedule similar to employees, you may have been misclassified.
• No Pay Stubs or Inaccurate Recordkeeping: Employers are required to keep accurate records of hours worked and wages paid. If you aren’t receiving pay stubs or notice that your employer’s records seem off, it might indicate wage-related issues.

If you recognize any of these issues in your workplace, The Law Office of Delmas A. Costin, Jr. can evaluate your situation, explain your rights, and determine whether you have a viable wage and hour claim.

How The Law Office of Delmas A. Costin, Jr. Can Assist You

When you decide to pursue a wage and hour claim, you want an attorney who understands the intricacies of state and federal laws and knows how to hold employers accountable. Delmas A. Costin, Jr. and his team bring years of experience and dedication to each client’s case. Here’s what they offer:

1. Personalized Legal Strategy: Every client and case is unique. Whether you’ve been systematically shorted on overtime pay or denied minimum wage for months, the team will take the time to review your employment situation carefully. By understanding the details—your work schedule, wage statements, job duties, and any employer communications—your attorney can develop a strategy tailored to your circumstances.
2. Thorough Knowledge of Labor Laws: New York’s wage and hour regulations can be complex, and not every attorney is equally versed in them. The Law Office of Delmas A. Costin, Jr. focuses on employment law, ensuring that you have an advocate who understands the latest legal developments, knows relevant precedents, and can navigate the legal system effectively.
3. Clear Communication and Guidance: Legal proceedings can be intimidating and confusing, especially if you’ve never filed a claim against an employer before. The firm values keeping clients informed at every stage, explaining legal concepts in straightforward language and ensuring you understand your rights and responsibilities. You’ll always know what to expect as your case progresses.
4. Gathering and Presenting Evidence: Successful wage and hour cases rely on strong evidence. Your attorney will help you collect and organize pay stubs, time sheets, emails, text messages, or any other relevant documentation. They may also interview co-workers or other witnesses who can attest to the employer’s wage practices. With a well-documented case, you’ll be in a stronger position to negotiate a fair settlement or prove your claim in court.
5. Negotiation and Litigation Skills: While many wage and hour disputes can be resolved through negotiation or mediation, employers are sometimes unwilling to voluntarily compensate workers. In such cases, your attorney will be prepared to litigate your claim, presenting a compelling argument before a judge or jury. With a seasoned legal professional at your side, you can move forward with confidence, knowing you have a strong advocate fighting for your interests.

Recovering What You’re Owed

If your claim is successful, you may be entitled to various forms of compensation. Depending on the nature and severity of the employer’s violations, the remedies can include:

• Unpaid Wages and Overtime: Any money you should have earned but did not receive will typically be part of the recovery.
• Liquidated Damages: In many wage and hour cases, employees may be awarded liquidated damages—often equal to the amount of unpaid wages—as a penalty to the employer and as compensation for the delay in receiving proper payment.
• Interest on Unpaid Amounts: Courts frequently order employers to pay interest on the unpaid wages, ensuring that employees are made whole.
• Attorneys’ Fees and Costs: Successful plaintiffs in wage and hour lawsuits may recover reasonable attorney’s fees and legal costs, making it less burdensome to pursue justice.

The Law Office of Delmas A. Costin, Jr. is committed to fighting for a fair resolution that not only recovers what you are owed but also holds your employer accountable, helping prevent future violations.

Taking the First Step

If you suspect you have a wage and hour claim, taking action promptly is crucial. Wage and hour disputes are subject to statutes of limitations—strict deadlines by which you must file a claim or lose your right to do so. By contacting an attorney early, you preserve your ability to seek justice and protect your best interests.

When you reach out to The Law Office of Delmas A. Costin, Jr., you’ll have the opportunity to discuss your situation in a confidential setting. You’ll be able to share your experiences, present any documentation you have, and receive guidance on your options. Even if you are unsure whether your case qualifies as wage theft or how the law applies to your circumstances, an initial consultation can clarify your rights and help you make an informed decision.

Why Choose The Law Office of Delmas A. Costin, Jr.

With so many lawyers in New York, it can be challenging to decide whom to trust with your case. What sets Delmas A. Costin, Jr. and his firm apart is their commitment to genuine advocacy. They understand that wage and hour violations affect more than just your paycheck—they can cause stress, strain your household finances, and make you feel powerless in the workplace. By choosing this law firm, you’re selecting professionals who care about achieving a just outcome, not just closing a case.

This commitment to clients is evident in the firm’s approachable manner and dedication to open communication. They’ll be accessible to answer questions and provide updates, ensuring that you always feel heard and supported. Coupled with their legal skill, this client-focused approach can give you the reassurance that you’re not alone in your fight for fair compensation.

Moreover, the firm’s focus on New York employment law means that you’re working with attorneys who know the local landscape. They understand the industries, common employer practices, and court procedures particular to New York. This localized knowledge can streamline the legal process and help build a case that resonates with judges and opposing counsel alike.

Standing Up for Your Rights and Future

Your employer is legally obligated to pay you fairly and according to the law. If you’ve been treated unfairly, pursuing a wage and hour claim isn’t just about getting paid—it’s about asserting your rights, holding employers accountable for unlawful practices, and creating a more just work environment for everyone.

The Law Office of Delmas A. Costin, Jr. is here to help New York employees who find themselves exploited or underpaid. By providing personalized legal strategies, thorough knowledge of the law, and unwavering advocacy, the firm empowers workers to stand up for themselves and secure the compensation they deserve.

Don’t allow an employer’s unlawful wage and hour practices to go unchallenged. Contact The Law Office of Delmas A. Costin, Jr. today to learn more about your options and take the first step toward achieving a fair resolution. Your work has value, and you deserve to be paid the wages you have rightfully earned.