Late or missing pay in New York? Keep these records first, then know where to claim it

1In a hurry? Start here

1. In New York, manual workers must be paid every week, no later than 7 days after that workweek ends.

2. Starting today, keep your own record of hours: when you start, when you finish and how much the boss promised. Write it down every day.

3. To complain to the state Department of Labor about unpaid wages, the number for help with the form is 888-525-2267. The department says it does not report undocumented workers or witnesses to law enforcement. Workers paid in cash are protected too.

Suppose Ah Ming works in a restaurant kitchen.

(Ah Ming is fictional. The scenes and numbers below are hypothetical too.)

He works six days a week, 11 hours a day, and the boss hands him 700 dollars in cash every Friday. Two months into the job, the boss says business has been slow: this week's and next week's wages will be paid together at the end of the month.

Ah Ming says nothing. The boss has it tough too, he thinks. I'll wait a little longer.

First, let's do the math for him.

2What people are asking in the comments

Over the past six months, plenty of Xiaohongshu posts have discussed unpaid wages in New York. The claim that 「holding wages for more than 7 days is illegal」 gets shared a lot. But underneath, someone often asks for the actual Department of Labor complaint number, and nobody seems to have it. There are also posts about shops closing without settling their workers' pay, people speaking out publicly to assert their rights, and questions such as 「What if I worked as a contractor without signing a contract?」

Other comments take a different view. If the pay suits you, take the job; if it is too low, don't. You will keep running into the same people, and nobody wants trouble.

These are the posters' and commenters' accounts of their own experiences. Below, we will go through the official explanations from the New York State Department of Labor, DOL, and New York City, one issue at a time. That phone number nobody left is here too.

3First, work out what you should be paid

The state Department of Labor's minimum-wage guidance says that the 2026 minimum wage in New York City, Long Island and Westchester is 17 dollars an hour. It will not rise on January 1, 2027; it will remain 17 dollars. The governor has proposed raising it to 17.60 dollars from March 1, 2027, but that needs approval from the state legislature. It is not law yet.

Restaurant servers who receive tips are different. Employers can count part of the minimum wage as a 「tip credit」. In New York City, the employer currently must pay at least 11.35 dollars an hour, with a tip credit of 5.65 dollars. For a kitchen worker who does not receive tips, it is 17 dollars.

Overtime is paid at 1.5 times the regular hourly rate for hours over 40 in a week, according to DOL's overtime FAQ. For domestic workers who live in their employer's home, the threshold is 44 hours.

Back to Ah Ming. He works 66 hours a week. Even at minimum wage, the first 40 hours come to 680 dollars. The remaining 26 hours, at 25.5 dollars an hour, come to 663 dollars. That is at least 1,343 dollars for the week. He receives 700.

Before we even get to late payment, the amount he was underpaid was already his money.

There are a couple of other things many people do not know.

• Tips belong to employees. Section 196-d of the state Labor Law says employers cannot take or keep any part of employees' tips.

• Employers cannot deduct money from your wages for broken dishes, cash-register shortages or fines, according to DOL's FAQ.

4How often wages must be paid

This is where that Xiaohongshu claim about 「more than 7 days」 comes from.

The state Department of Labor's pay-frequency guidance says manual workers—people who spend more than 25% of their working time doing physical labor, such as kitchen work, renovation, cleaning or moving—must be paid weekly, no later than 7 calendar days after the workweek ends. Clerical workers, such as office staff, must be paid at least twice a month. Large employers of manual workers can also pay twice a month if the Department of Labor approves it.

So, apart from those approved large employers, telling a manual worker 「I'll pay both weeks together」 or 「I'll pay at the end of the month」 does not comply with the rules.

5The two documents you should receive

The state's Wage Theft Prevention Act requires employers to give you two things, according to DOL's FAQ.

First, a pay notice when you start the job. It should set out your hourly rate, overtime rate, payday and similar details, in English and your primary language. The state Department of Labor has a Chinese template.

Second, a pay stub each time you are paid. It should show your hourly rate, hours worked, gross pay, deductions and take-home pay, along with the employer's name, address and phone number and the dates covered by that payment.

Many people paid in cash have never seen a pay stub. You can ask for one.

Could I get my pay notice, and a pay stub every payday?

Could you give me a pay notice, and a pay stub each time I am paid from now on?

6Start keeping your own evidence today

This is the most important section of this article.

The state Department of Labor's worker-rights guidance specifically reminds people to keep as much information as possible in case they need to complain. Its list includes the following.

• The employer's full name and contact information.

• The workplace address or phone number.

• The license-plate number of a vehicle used to take you to and from work.

• Names and phone numbers of people involved.

• Your start and finish times each day, and how long you took for meals or breaks.

• How much the employer promised to pay you.

The U.S. Department of Labor's FAQ also says that if there are no time records, start keeping your own: write down when you start and finish each day. If you receive a check, copy the information on it before cashing it.

Add a few things you can do with your phone. Photograph the schedule, take screenshots of the boss's WeChat messages or texts, and make a note on the day you receive cash: 「October 23: received 700 in cash. Boss said it was for last week.」

The state Department of Labor also makes a practical point: when records are missing, it is very important for workers and witnesses to come forward with truthful, detailed accounts.

7Send a message first, and keep a written record

A polite but clear message is often enough. Even when it is not, it is still evidence.

Hi, my pay for the week of Oct 12 to Oct 18 (66 hours) hasn't been paid yet. Could you let me know when it will be paid?

Hello, I still have not received my pay for October 12 to 18, a week in which I worked 66 hours. When can I expect it?

Send it in writing, rather than only calling. Whatever the reply, save a screenshot.

8Where to claim what you are owed, and whom to call

The New York State Department of Labor, DOL, handles minimum wage, overtime, unpaid wages, pay frequency and related matters.

• Fill out complaint form LS 223. A Chinese version is available. You can upload it online or mail it to the Department of Labor; see the information page.

• For help filling it out, call 888-525-2267.

• The Department of Labor only accepts claims for wages owed within the past 3 years. The time limit for a court claim is 6 years, under Labor Law Section 198.

• The department says it does not report undocumented workers or witnesses to any state or federal law-enforcement agency.

• Once a violation is established, the law provides for damages equal to 100% of the unpaid wages, plus interest, in addition to the wages owed, under Labor Law Section 218.

• On September 6, 2023, the governor signed a law including wage theft in the crime of larceny.

When submitting documents, send copies and keep the originals.

I want to file a wage claim. Can I get the form and help in Chinese?

I would like to complain about unpaid wages. Can I have a Chinese form and assistance in Chinese?

The New York City Department of Consumer and Worker Protection, DCWP, handles city labor laws, including paid sick leave, now called Protected Time Off; scheduling rules for fast-food and retail workers; minimum pay for delivery workers; and freelancers' rights. You can complain online at nyc.gov/workers or call 311. Its worker-rights page says it will not ask about your immigration status. It will keep your identity confidential unless disclosure is required by law or you agree to it.

The New York State Attorney General's Office also accepts labor complaints. Its help hotline is 1-800-771-7755. Its immigrant-worker-rights guidance says workers should receive minimum wage and overtime pay regardless of immigration status.

Recently, Xiaohongshu users have been sharing news about New York City's 「Mayor's Office of Worker Power」, established in September, as described in the city press release. It mainly does outreach, referrals and policy research. The release does not say it accepts individual complaints, so use the channels above to make one.

9What if you are fired or threatened?

Section 215 of the state Labor Law says employers cannot fire, threaten or penalize you for making a complaint. It specifically says that threatening to contact immigration authorities, or actually reporting your immigration status, also counts as retaliation.

If the boss says, 「Complain and I'll report your status,」 that statement itself is unlawful. Take a screenshot, note the time and submit it to the Department of Labor too.

10Two 「buts」

「But we keep running into the same people. How will I get by in this community after making a complaint?」

That concern is real. Not every issue has to reach the complaint stage. Often, a message or a simple 「I'm keeping track of my hours」 resolves it. Just start keeping records today; whether to use them is a decision for later. The Department of Labor accepts wage claims going back 3 years, so even if you have changed jobs, there may still be time.

「But I am paid in cash, have no pay stubs and am undocumented.」

The state Department of Labor says it protects all workers, including undocumented workers and people paid off the books in cash. Its worker-rights guidance also says minimum-wage and overtime laws apply to all workers, including those without immigration status. If you have no pay stubs, start keeping your own records today. If colleagues are willing to be witnesses, save their contact information.

11One last thing

What happened to Ah Ming?

I made him up; you can write the ending. Maybe he sent that message and the boss paid what was missing the next day. Maybe not, and he photographed three months of his own time records and sent them to the Department of Labor.

Either way is possible. But it is best to start that record today.

What was the most outrageous delay in pay you have experienced, and how long did it last? Share it in the comments. Leave out shop names and people's names; a heads-up for whoever comes next is enough.