Check Your Paycheck: Why Reviewing Your Pay Stubs Matters
In the age of direct deposits and digital pay stubs, many employees go months without actually looking at their payment details. That quick glance at your bank account to confirm the deposit arrived might seem sufficient, but it’s not. Your pay stub contains critical information that deserves your attention every pay period. At Dolce Law, we’ve seen too many New York workers lose substantial money simply because they didn’t catch payroll errors when they happened.
What New York Law Requires on Your Pay Stub
Under New York Labor Law Section 195(3), employers must provide a detailed pay statement with each payment of wages. This statement must include:
- Pay dates and period covered
- Employee’s name and employer’s full contact information
- Rate(s) of pay and basis (hourly, salary, day rate, piece rate, commission, etc.)
- Gross wages before deductions
- Detailed listing of all deductions
- Net wages after deductions
- For hourly non-exempt employees: regular hours, overtime hours, and rates paid
- For non-hourly employees: the number of units worked if paid on piece rate
Employers who fail to provide proper pay stubs face penalties of $250 per workday, up to a maximum of $5,000 per employee. If your employer doesn’t provide detailed pay stubs, they’re already violating New York law.
Common Pay Violations in New York Metro Area
When reviewing your pay stub, watch for these violations we frequently see in the New York metro area:
1. Overtime Miscalculations
New York follows federal law requiring overtime at 1.5 times your regular rate for hours worked beyond 40 in a workweek. However, many employers make these common errors:
- Not including bonuses or shift differentials in the overtime rate calculation
- Misclassifying workers as “exempt” to avoid overtime
- Using the “fluctuating workweek” method incorrectly
- Not paying for all time worked, including pre-shift and post-shift activities
Even salaried employees can be entitled to overtime unless they meet specific exemption criteria.
2. Minimum Wage Violations
The minimum wage in New York varies by location and company size:
- NYC: $16.00 per hour for all employers
- Long Island & Westchester: $16.00 per hour
- Remainder of New York State: $15.00 per hour
Fast food workers and tipped employees have additional wage requirements. Check that your pay rate complies with these minimums after accounting for all hours worked.
3. Unlawful Deductions
New York strictly limits what can be deducted from your paycheck. Under Section 193 of the Labor Law, employers can only make deductions that:
- Are required by law (taxes, garnishments)
- Benefit the employee (health insurance, retirement) with written authorization
- Recover overpayments or advances with proper notice
Illegal deductions we often see include:
- Charging for breakage, cash shortages, or customer walkouts
- Uniform purchase or maintenance costs that drop pay below minimum wage
- “Administrative fees” for processing payroll
4. Spread of Hours and Split Shift Pay
A lesser-known New York regulation requires an extra hour of pay at minimum wage when your workday spans more than 10 hours from start to finish (even with breaks in between) or when you work a split shift. This “spread of hours” pay frequently goes unpaid, particularly in the restaurant and retail industries.
The Cost of Not Checking
A recent NYS Department of Labor investigation recovered $17.2 million in wages for 15,489 victims of wage theft. The median amount recovered was over $1,100 per worker. Wage theft affects workers in all industries but is particularly common in:
- Construction
- Food service
- Healthcare
- Retail
- Domestic work
The statute of limitations for wage claims in New York is six years—significantly longer than the federal three-year limit—but waiting makes cases harder to prove.
How to Protect Yourself
- Save every pay stub – New York law requires employers to maintain payroll records for six years
- Track your hours independently – Use a time-tracking app or simple notebook
- Know your rights – Familiarize yourself with New York’s specific wage protections
- Report violations to NYSDOL – File a complaint with the NY State Department of Labor
- Consult with an employment attorney – Many offer free initial consultations
When to Seek Legal Help
Consider consulting an employment attorney if:
- You’ve been misclassified as an independent contractor
- Your employer retaliates after you question your pay
- You’re consistently denied proper pay stubs
- Your complaints to management go unaddressed
- You believe you’re owed significant back wages
At Dolce Law, we exclusively represent employees throughout New York, primarily on a contingency basis—meaning you pay no attorney fees unless we recover for you.
Next Steps
Take five minutes today to review your most recent pay stub thoroughly. This simple habit can protect your earnings and ensure you receive every dollar you’ve earned under New York’s strong worker protection laws.
If you’ve identified possible wage violations, contact us for a confidential case evaluation about your specific situation.
