Service
Unpaid Compensation
Fighting for Fair Pay in New York
When employers fail to honor their financial obligations, employees need strong legal advocacy to recover what they’ve rightfully earned. At Dolce Law PLLC, we represent employees throughout New York City and surrounding areas in all types of compensation disputes, from unpaid commissions to wage and hour violations.
Unpaid Commissions and Bonuses
Sales professionals, financial advisors, recruiters, and many other employees depend on commissions and performance bonuses as substantial portions of their compensation. Unfortunately, employers sometimes manipulate commission structures, reinterpret bonus criteria, or simply refuse to pay earned incentive compensation.
Common Commission and Bonus Issues We Handle:
- Unpaid sales commissions after achieving targets or closing deals
- Retroactive changes to commission plans affecting already-earned compensation
- Post-termination commissions for deals in progress when employment ended
- Discretionary bonuses withheld in discriminatory patterns
- Performance bonuses denied despite meeting documented criteria
- Draw reconciliation disputes regarding commission advances
- Team-based commission allocation issues when multiple employees contribute
- Commission calculation errors resulting in underpayment
New York Commission Laws
New York has specific laws governing sales commissions, including:
- New York Labor Law Section 191(1)(c) requires timely payment of commissions
- New York Labor Law Section 191-c provides additional protections for commissioned salespersons
- New York Labor Law Section 193 limits permissible deductions from commissions
As an employee, you have the right to understand your commission structure and receive all earned commissions in a timely manner. Our firm helps enforce these rights when employers fail to honor their obligations.
Wage and Hour Violations
Many employees face wage theft through various employer tactics that violate state and federal labor laws.
Common Wage and Hour Issues We Handle:
- Unpaid overtime for hours worked beyond 40 per week
- Minimum wage violations paying below legal minimums
- Employee misclassification as exempt to avoid overtime
- Independent contractor misclassification to avoid benefits and protections
- Off-the-clock work requirements without compensation
- Meal and rest break violations denying legally required breaks
- Tip credit and tip pooling violations for service industry employees
- Prevailing wage violations on government contracts
- Unpaid final wages after termination
- [Add spread of hours pay]
Wage and Hour Laws Protecting New York Employees
Multiple laws protect employee compensation rights:
- Fair Labor Standards Act (FLSA) establishes federal minimum wage and overtime requirements
- New York State Labor Law provides enhanced wage and hour protections
- New York City laws including additional requirements for NYC employers
- Industry-specific regulations with special provisions for certain sectors
Equal Pay Issues
Pay discrimination remains a persistent problem in many workplaces. We represent employees who receive unequal pay for equal work based on:
- Gender
- Race
- National origin
- Age
- Disability
- Other protected characteristics
Equal Pay Laws
Several laws specifically address pay discrimination:
- Equal Pay Act prohibits sex-based wage discrimination
- Title VII of the Civil Rights Act addresses pay discrimination based on protected characteristics
- New York State Equal Pay Law provides broader protections than federal law
- New York City Human Rights Law offers some of the strongest equal pay protections
Unpaid Benefits and PTO
Employers sometimes fail to provide promised benefits or paid time off. We help employees recover:
- Unpaid vacation time or PTO balances
- Denied sick leave required by state or local law
- Promised bonuses or incentives included in benefit packages
- Retirement plan contributions that weren’t properly made
- Health insurance reimbursements for covered expenses
Why Choose Dolce Law PLLC For Your Compensation Case?
Compensation cases require detailed analysis and strategic advocacy. At Dolce Law PLLC, we offer:
- Financial analysis expertise: We carefully review compensation structures, contracts, and payment histories to identify all owed compensation.
- Human rights perspective: We approach compensation issues as fundamental to workplace dignity and equity.
- Strategic guidance: We develop tailored approaches based on your specific situation and goals.
- Personalized attention: We intentionally limit our caseload to provide focused advocacy for each client.
- Proven results: We have secured significant recoveries for employees in various compensation disputes.
- Contingency options: Many compensation cases can be handled on a contingency fee basis.
The Compensation Recovery Process
Compensation disputes typically involve several steps:
- Initial analysis: We review your compensation agreements, pay records, and relevant policies.
- Demand letter: Many cases begin with a formal demand to the employer outlining the compensation owed.
- Agency filings: Some cases require filing with the Department of Labor or other agencies.
- Settlement negotiations: We work to secure full payment without protracted litigation when possible.
- Litigation: If necessary, we pursue your compensation claims in court.
Damages Available in Compensation Cases
Depending on the nature of your case, you may be entitled to:
- Back pay: All compensation wrongfully withheld
- Liquidated damages: In many wage cases, equal to the amount of unpaid wages
- Interest: On unpaid amounts
- Attorneys’ fees and costs: Often recoverable in successful wage and commission cases
- Penalties: Additional sums imposed for willful violations
If you believe you’ve been denied rightful compensation, don’t wait to seek legal advice. Compensation claims have strict time limitations. Contact Dolce Law PLLC for a confidential consultation to discuss your situation and explore your legal options.
You’ve earned your compensation. We’ll help you collect it.
Frequently Asked Questions About Compensation
How long do I have to file a claim for unpaid wages or commissions?
In New York, most wage claims must be filed within six years under state law, though federal claims under the FLSA have a shorter two-year statute of limitations (three years for willful violations). Commission claims may have different deadlines depending on the specific circumstances and whether they’re based on contract or statutory provisions.
Can my employer legally change my commission structure?
Generally, employers can prospectively change commission plans with proper notice for future sales. However, they typically cannot retroactively change commission terms for sales already made or in progress. New York provides specific protections for commissioned salespeople.
What if my employer classified me as an independent contractor?
Misclassification is a common way employers avoid paying overtime, benefits, and employment taxes. The classification depends on the actual working relationship, not just what your employer calls you. If you’ve been misclassified, you may be entitled to significant back pay and benefits.
Can I be fired for discussing my pay with coworkers?
No. The National Labor Relations Act protects most employees’ rights to discuss wages and working conditions with colleagues. Retaliation for such discussions is generally illegal.
What should I do if I discover I’m being paid less than colleagues of a different gender or race?
Document the disparity if possible and consult with our firm. Equal pay laws prohibit compensation discrimination based on protected characteristics. The appropriate legal approach depends on specific circumstances of your situation.
What clients say
“Your deep understanding of the law and meticulous attention to detail were truly remarkable. You patiently explained complex legal concepts in a way that was easily understandable, empowering me to make informed decisions. I am deeply grateful for the empathy and support you provided throughout the process. Your compassionate approach and genuine concern for my rights as a woman of color alleviated much of the stress and anxiety associated with my case.”
“I truly appreciate your guidance and support in navigating this situation. Your expertise and kindness have made a significant impact, and I’m very grateful for some of the confidence you’ve helped me regain.”
“You have been so attentive and graceful throughout my ordeal and I truly appreciate you. This has been a very difficult time for me… Thank you so much for handling my case with grace and care. I’m excited to breathe a little better now.”
“Thank you so much for your support throughout this process — you and your team have been truly excellent. I appreciate your expertise and continued guidance.”
Your work is our business
Employment laws are complex and ever-changing. You don’t have to navigate them alone. If you’re an employee dealing with a difficult situation at work, we’ll help you solve your problems and achieve your goals.
Don’t let another day cost you your rights.
Every moment matters in employment cases. Evidence disappears, memories fade, and legal deadlines approach quickly. Get answers about your situation with a free, confidential case evaluation with an experienced employment attorney.
