Work in construction and not sure if your employer is paying you what you’re owed? Here are answers to the most common questions about wages, overtime, and your rights as a worker in New York.
Is it legal for my employer to pay me in cash?
Yes, it’s legal. But even if you’re paid in cash, your employer is required to give you a pay stub every time you’re paid, showing your hours, your rate, and any deductions. If you never get one, that’s a sign something isn’t right.
Am I entitled to overtime if I’m paid by the day?
Yes. It doesn’t matter if you’re paid hourly, by the day, or another way — if you work more than 40 hours in a week, the law entitles you to 1.5 times your regular pay for every extra hour. Being paid “by the day” doesn’t take that right away.
My employer says I’m a “contractor,” not an employee. Is that true?
Not always. Being paid on a 1099 doesn’t automatically make you a contractor. If your boss sets your schedule, supervises you, and provides your tools, you’re likely an employee under the law — entitled to minimum wage and overtime, no matter what the paperwork says.
Can my employer deduct money from my check without explanation?
In most cases, no. Deductions for tools, transportation, or damaged materials generally require your written authorization. If your pay is always lower than expected and no one explains why, it’s worth looking into.
My subcontractor didn’t pay me. Can I go after the general contractor?
In many cases, yes. When a subcontractor disappears without paying, New York law can also hold the general contractor on the job responsible. It’s not always as simple as “that’s not my problem.”
I don’t have papers. Can I still claim my wages?
Yes. Your immigration status doesn’t affect your right to be paid for the work you did. The law protects you whether or not you have documents, and it also protects you from retaliation if you decide to speak up.
What should I do if I think my wages are being stolen?
Save what you can: texts with your employer, photos of your schedule, screenshots of your pay, or the names of coworkers who can confirm your hours. Then talk to a lawyer who knows construction labor law.
At Helen F. Dalton & Associates, we’ve spent over 30 years defending workers in Queens, Brooklyn, and the Bronx. We don’t get paid unless we win your case. Contact us today for a free consultation.
