After New York increased the minimum wage for some employees, more than 1.5 million New Yorkers saw a raise come their way. However, that doesn’t mean that all businesses were eager to comply so quickly, making some employees seek legal guidance to ensure they have not been taken advantage of.
If you are employed in New York and believe that you have not been compensated for the new laws, contact the New York wage attorneys at Brown Kwon & Lam, LLP now.
New York Minimum Wage Increase
On December 31, 2019, New York State officials increased the minimum wage for certain regions and counties in the state. This includes:
- New York City: $15 per hour for all size businesses
- Nassau, Suffolk, and Westchester counties: $13 per hour
- Remainder of the state: $11.80 per hour
These new rates will remain in effect until December 30, 2020.
Minimum Wage Act
Under the New York law of the Minimum Wage Act, all employees in New York State must receive at a minimum the applicable hourly wage rate.
However, Wage Orders can set industry-specific rates which may differ from the state minimum wage. It is important to understand that each industry has a set of rules which can cause issues with minimum wage.
For examples, here are some exceptions that exist in various industries:
- Individuals who work in the food, hospitality or service industry may be qualified as tipped employees, meaning that an employer may take a credit towards the basic minimum hourly rate if a service employee or food service worker receives enough tips to meet that minimum and if the employee has been notified of the tip credit.
- Individuals who work in the building service industry may receive an apartment or housing credit which applies towards their wages.
- Individuals who employ farm workers may be subjected to additional standards such as living environments for seasonal employees, meals, etc.
Industry-specific guidelines on minimum wage and applicable factors are available on the New York State Department of Labor website here.
While these guidelines exist, there is still room for error by employers. For example, Hudson Hall LLC was caught in the middle of a class-action lawsuit for not complying with new wage standards as employees were not correctly compensated and additionally, were not receiving overtime pay.
This is not the first or the last time a business will unfairly pay employees. But if it happens to you, know there are law firms out there who can help you seek justice.
If you have not been compensated correctly under the new New York minimum wage requirements, contact the employment attorneys at Brown Kwon & Lam, LLP today.