As an employee in New York City, you work hard for your wages, and you deserve to be fairly compensated. But when you work for less than minimum wage, you cannot let your employer get away with it. At Brown Kwon & Lam, we will work aggressively to fight for your rights.
Being paid less than the minimum wage is illegal.
You have a legal right to be paid the proper wage for every hour that you work. If your employer fails to do so, they are breaking wage and hour laws. Under the New York State Department of Labor, the minimum wage is $15 per hour for all size businesses in New York City. In Nassau, Suffolk, and Westchester counties, it is $14 per hour while in the remainder of the state, it is $12.50 per hour.
If you are a tipped employee, your wages will differ from those listed above, however, you still have a right to just compensation. If your tips do not bring you to at least the minimum wage, your rights are being infringed upon.
Pay Increases Are Happening in New York
Starting December 31, 2020, the minimum salaries for executive and administrative exemptions from overtime increased to the following:
In Long Island and Westchester, the Minimum Weekly Salary Threshold in 2021 is $1,050.00 per week while in the remainder of New York State, except New York City, it is $937.50 per week.
An employer’s failure to comply with these wage requirements can result in penalties and legal action.
Penalties for Working for Less Than Minimum Wage
If you are not receiving the correct wages, you are entitled to unpaid wages from your employer. As a basic formula, unpaid wages can be calculated by taking the difference between your hourly rate and the minimum wage, then multiply that amount by the number of hours worked.
However, if you work in an industry where you receive tips, the formula becomes a bit more complicated.
In addition to your unpaid wages, you may also be able to collect:
- Interest on your unpaid wages
- Associated attorney fees and legal costs
What are the limitations of a wage claim in New York?
If you have a wage and hour violation, you need to act quickly to ensure you can seek compensation. Within the Department of Labor, there are no strict deadlines on filing a claim, however, the Department has only six years to bring legal action on your behalf.
Though six years seems like a long time, the reality is that nuances in your case may put you on a shorter timeline, meaning you need to act quickly.
You will likely be asked to complete the Claim for Unpaid Wage (LS 22) form. If in addition to not receiving your correct pay, you have been shorted out of bonuses, vacation pay, sick leave, etc. you will need to fill out the Claim for Unpaid Wage Supplements (LS 425) form.
As an employee in New York City, you have a right to earn the correct wages. If your employer has failed to pay you the minimum wage, contact Brown Kown & Lam, LLP today.