
In New York, thousands of workers lose money every week without even realizing it. If you work in construction, restaurants, cleaning, or any hourly job, this matters to you.
Here are 5 simple questions to help you find out if you’re being paid fairly:
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Are you working over 40 hours but getting paid the same?
If you work more than 40 hours a week, the law requires overtime pay (1.5x your regular rate).
👉 If your paycheck doesn’t change even when you work more… you could be losing money.
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Are you working before or after your shift without pay?
This includes:
- Setting up before your shift
- Cleaning after you clock out
- Responding to work messages off the clock
👉 All that time must be paid. If it’s not, it’s not legal.
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Are you paid in cash or with a 1099, but treated like an employee?
Many employers misclassify workers to avoid paying overtime.
Ask yourself:
- Do you have a fixed schedule?
- Are you supervised?
- Do you follow company rules or wear a uniform?
👉 If yes, you may actually be an employee, not an independent contractor.
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Does your paycheck not reflect all your hours?
Warning signs include:
- You don’t receive pay stubs
- Your hours don’t match what you worked
- You’re paid a flat rate regardless of hours
👉 These are strong signs something isn’t right.
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Are you afraid to speak up because of your immigration status?
Many workers stay silent out of fear.
But here’s what you should know:
👉 Your labor rights apply regardless of your immigration status.
👉 It is illegal for your employer to threaten you with immigration.
So… what can you do?
If you answered “yes” to any of these questions, you may be owed money.
We recommend:
- Saving messages, photos, schedules, or any proof of your work
- Not confronting your employer alone
- Speaking with a labor attorney
📞 Free Consultation
At Helen F. Dalton & Associates, P.C., we’ve helped hundreds of workers in New York recover the money they deserve.
💬 100% free consultation
📲 Call us or message us on WhatsApp
Don’t lose more money. Your rights matter.


