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Whether you work in a restaurant, construction site, factory, or home, you are entitled to fair pay under the law, regardless of your immigration status. Wage and hour laws in the United States, including New York State, protect all workers from being exploited by employers who underpay, overwork, or intimidate them.
Unfortunately, many immigrant workers are routinely denied their full wages, misclassified, or threatened when they speak up. At Z&W Law Firm, we fight for workers’ rights and help recover thousands—sometimes hundreds of thousands—of dollars in unpaid wages and penalties.
In this article, we’ll explain your basic rights under federal and New York labor laws, what counts as wage theft, and what legal steps you can take with or without a work permit.
Keyword: wage and hour claims in New York
What Are Wage and Hour Laws?
Federal and State Protection for Workers
All workers in the U.S. are protected under the Fair Labor Standards Act (FLSA), which sets the federal minimum wage, overtime rules, and classification standards for employees.
In addition to federal laws, New York State has its own labor laws that often provide stronger protections for workers.
Minimum Wage in New York (2025)
As of January 2025, the minimum wage in New York City, Long Island, and Westchester is $16.50 per hour and $15.5 in the remainder of New York State.
That means:
- If you work any job in New York City or Long Island, your employer must pay you at least $16.50 per hour
- It does not matter whether you are paid in cash or by check
- It does not matter whether you have legal immigration status or not
Employers cannot pay you less, even if they claim it’s “training,” “probation,” or “under the table” pay.
Overtime Pay – What You’re Owed After 40 Hours
Under both federal and New York law, most workers are entitled to overtime pay at 1.5 times their regular hourly wage for any hours worked beyond 40 hours per week.
That means:
- If you earn $16.50/hour (minimum wage), your overtime rate must be $24.75/hour
- If you work 50 hours in one week, you are owed 10 hours of overtime at $24.75/hour
Employers often try to avoid paying overtime by misclassifying workers as “independent contractors” or paying a flat weekly rate, but this is illegal if your duties match those of a regular employee.
Immigration Status Does Not Affect Your Rights
One of the most important facts every worker should know:
📌 Labor laws protect you regardless of your immigration status.
- You have the right to be paid minimum wage and overtime, even if you are undocumented
- You do not need a work permit to file a wage claim
- Your employer cannot retaliate or threaten you with immigration consequences for asserting your rights
- If they do, this can lead to additional penalties under state and federal law
Even if you were paid in cash or did not have formal paystubs, you may still have a strong case.
Common Wage Theft Tactics by Employers
Unfortunately, bad-faith employers often rely on fear and misinformation to exploit workers. Here are some common violations:
- Paying less than minimum wage
- Not paying overtime
- Stealing tips or taking illegal deductions
- Requiring off-the-clock work (before or after shift)
- Falsely classifying employees as “independent contractors”
- Retaliating against workers who ask about their pay
- Threatening deportation or reporting to ICE
These actions are illegal. If any of these sound familiar, you may be eligible to recover unpaid wages, penalties, and damages.
How Z&W Law Firm Can Help
At Z&W Law Firm, we are committed to defending workers, especially immigrants who are too often ignored, silenced, or threatened.
We can help you:
- Calculate unpaid wages and overtime
- File a complaint with the New York Department of Labor or federal agencies
- File a lawsuit to recover back pay, damages, and penalties
- Protect you from employer retaliation
You don’t need to go through this alone, and you don’t need to be afraid. We’ve helped many workers recover thousands, and sometimes hundreds of thousands of dollars in unpaid wages.
No one should be taken advantage of just because of their immigration status or lack of legal knowledge. You work hard, and you deserve fair pay.
If you believe you’ve been underpaid or threatened by your employer, contact Z&W Law Firm today. Your consultation is confidential, and we’re here to help you get the justice you deserve.
👉 Call now or fill out our online form to schedule a free consultation.
