If you think we may have recovered unpaid wages for you, use the Workers Owed Wages (WOW) application to search and claim them. In general, if you have worked more than 40 hours in a pay week, and are not "exempt", you must be paid an overtime rate for all hours over 40.Under New York Labor Law (NYLL) Section 191, employers are required to pay workers the wages owed within specific time frames, such as weekly or bi-weekly. Outside of a few extremely specific circumstances, withholding an employee's pay without their consent is considered wage theft and illegal. IRS Employer Withholding Table. When it comes to issuing a final paycheck, employer responsibilities differ from state to state. No. In the US, it is not legal to withhold pay period. Even if there have been issues with the work. If the amount you're owed is in dispute — e.g. The amount withheld from each paycheck for income taxes depends on the employee's W4 form, which they complete when hired.