Screwed out of wages in NYC

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Several local businesses have also tried this stunt. I found a letter to the owner to be effective. Explain that work is work, itemize the amount owed, and tell them you will contact the Bureau of Labor (or whatever is called) if wages owed are not paid. Whether or not someone is "training" makes no difference -- work done means wages must be paid.

We received a check 3 days later.

Did she receive tips in addition to the $8 per hour wage? If so, her pay was actually somewhat higher than you state in the OP.

Did she perform the same work as the Taiwanese workers? Did she have more and/or more relevant experience/skill? If so, there may be a legitimate reason why her pay was somewhat higher than theirs.

Is there evidence to show that her hourly wage was greater than theirs? Without such evidence, it is likely the Labor Board would not consider this part of your claim.

You will likely need more information before filing an acceptable claim with the Labor Board.

It's counter work, so there are no tips and the work was all the same.

She's only 17, so she has no special skills.

Withholding wages is illegal. End of story. If she was told she would make $8 per hour then it doesn't matter if she made tips or not.

She wrote the main office about getting paid, and then she was not placed on the schedule for the coming two weeks.

I've heard this story a few times lately. It's disgusting. Apparently, this trick works, because young people are naïve.

You probably don't want to hear this, but at a cost of $80 less taxes, a valuable lesson is learned about the reality of the world.

... and possibly a valuable lesson to come about how to use the legal system in these instances.

I had a different type of wage issue and went through small claims. It was effective.

It has been going on in restaurants forever. I worked in lots of bars and restaurants in my 20s and "training" time was seldom paid unless it was a large corporate chain. On some jobs, side work (like cleaning certain areas end of shift) wasn't paid either. The trade off was hours that worked with school, active social scene and good to great tips.

The time it takes to file a claim in small claims may be a high price for $80. On the other hand, it could cost the defendant more than $80, and that could make it worthwhile, especially if it means it reduces the probability that the employer does it again to other young people.

Sometimes hurting the people who hurt you serves them well, teaching them how to behave. Retaliation has a place, and coming from me, not a very retaliatory person, says something.

A little shaming for the local businesses guilty of the above would be in order, I should think. Taking advantage of young people, or people lower on the food chain, just because you can,is pretty damn low.

As well as forewarning the next batch of trusting folk seeking similar employment.

I think it was $20 to file a small claim in NYC.

However, IIRC, with small amounts of wages, there is another route that costs less or was free (I read the paperwork a few years ago -- so I don't remember if it was through small claims, or through a labor board). It seemed the purpose was to address cases like these - small thefts from employees who are making around minimum wage, for whom the $20 small claims fee might prevent/not make sense to make the claim.

Forget small claims court -- file a complaint with the State Department of Labor!

I was under the impression that with wage theft damages are usually treble. So $80 in lost wages becomes $240 in a judgement.

When I was a cashier and we didn't get overtime pay I finally hit my breaking point the week I had an 60 hour check at straight $5.05 an hour (minimum back then). I called the department of labor and they came out and investigated. We didn't get back pay, but we received overtime pay from then on.