Minimum Wage Violation Lawyer in New York City

After New York City increased the minimum wage rates for some working employees, more than 1.5 million New Yorkers saw a raise come their way. However, that does not mean that all businesses were eager to comply so quickly. Many employees have found that they need legal guidance to ensure they are not being taken advantage of, despite the new laws put into effect.

If you are employed in New York City and believe that you have not been compensated under the new laws, contact the New York City wage attorneys at Brown Kwon & Lam now.

If you believe your employer failed to pay proper wages, speak with our experienced New York City minimum wage violations attorneys now. You can complete an online form or call (212) 295-5828 to get started with a review of your potential claim.

New York City Minimum Wage Increase

On December 31, 2021, New York State officials increased the minimum wage rates for certain regions and counties in the state. Several others remained the same, however. 

The minimum wage rates include:

• NYC – Big employers (of 11 or more): $15.00 per hour
• NYC – Smaller employers (of 10 or fewer): $15.00 per hour
• Long Island and Westchester counties: $15.00 per hour
• The remainder of New York State workers: $13.20 per hour

Under the New York State Minimum Wage Act, all employees in New York State must receive, at a minimum, the applicable hourly wage rate.

Wage Order Standards

However, wage orders can set industry-specific rates that may differ from the state minimum wage rates. It is important to understand that each industry has a set of rules that can cause wage issues.

For example, here are some exceptions that exist in various industries:

• Individuals who work in the food, hospitality, or service industry may qualify as tipped employees. This means that some employers may take credit for the basic minimum hourly rate. They can only do this 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 to their wages.
• An employer who employs farmworkers is subject to additional standards. This can pertain to living environments for seasonal employees, meals, etc.

Industry-specific guidelines on wage rates and applicable factors are available on the New York State Department of Labor website.

Room For Error With Wages

While these guidelines exist, there is still room for error by employers. For example, Hudson Hall LLC was caught in a class-action lawsuit for not complying with new wage standards. Their employees were not correctly compensated and 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 that can help you seek justice.

Penalties for Minimum Wage Violations

Victims of these violations may be able to collect liquidated damages in addition to their lost wages. This means you can collect 100% of your unpaid wages and an additional sum of money. In some situations, the sum may equate to your unpaid wages. This means you may have $1,000 in unpaid wages and another $1,000 in damages.

In addition, you may also collect the following fees as part of a winning case:

• Interest on unpaid wages
• Attorneys’ fees
• Legal costs

In cases where your employer failed to support pertinent information, you may also receive additional compensation for:

• Failure to provide notice of pay rate: Your employer must provide a written notice that includes the rate of pay, the employer’s legal business name, and other information. When your notice is not provided within ten business days of the start of employment, the employee can collect $50 for each workday the violation continues, up to $5,000.
• Failure to provide wage statements: Employers must provide documentation during each pay period that includes the rate of pay, the number of hours worked, deductions made, etc. When your employer fails to do so, you may be able to collect $250 for each day the violation continues, up to $5,000.

Common Minimum Wage Violations in New York City Workplaces

Minimum wage violations do not always look like an obviously incorrect hourly rate on your paycheck. In many New York City workplaces, the problem is buried in how hours are counted, how tips are treated, or how job titles are used. Understanding the most common patterns can help you recognize when something is wrong and decide whether you should speak with an attorney about your situation.

Some violations involve paying a flat salary that seems fair at first, but that salary drops below the minimum wage once you divide it by the total hours you actually work each week. Others arise when employers mislabel workers as “managers” or “professionals” to avoid paying overtime, even though their day-to-day tasks are the same as those of hourly employees. These issues frequently come up in restaurants, retail stores, delivery services, and small offices across the five boroughs, from neighborhood shops in Queens to larger operations in Midtown Manhattan.

Employees also encounter violations when they are asked to perform off-the-clock work, such as setting up before a shift, closing out after hours, or responding to messages from home without pay. In tipped environments, employers may wrongly treat mandatory service charges as tips, or fail to tell workers in writing that a tip credit is being taken from their wages. If you are unsure whether your pay reflects every hour you work and every form of compensation you earn, a New York City wage and hour attorney can help you review your pay history and identify red flags.

Connect with a skilled minimum wage lawyer in New York City to review unpaid wages, overtime issues, or improper pay practices. Call (212) 295-5828 now to discuss your situation and next steps.

FAQs for Minimum Wage Violations

What Compensation Can I Receive From a Wage Violation in New York City?

Compensation for New York City wage violations depends on the number of hours underpaid, the wage rate, and applicable laws. Employees may recover back pay, liquidated damages, interest, and attorney’s fees in some cases. A New York City minimum wage violations attorney team can evaluate your claim and determine what recovery options apply under New York City and federal wage laws.

Which Minimum Wage Rate Applies to Me: Federal, State, or Local?

Minimum wage rules in New York City require employers to follow the highest applicable wage standard, whether federal, state, or city law. Currently, NYC's minimum wage is higher than the federal rate and must be paid to most workers, depending on industry and location. A minimum wage lawyer in New York City can help determine which wage law applies and whether you have an underpayment claim.

Can My Employer Pay Me Less Than Minimum Wage If I Get Tips?

Under federal law, employers may use a tip credit in certain jobs, allowing a lower base wage if tips bring total earnings up to at least the applicable minimum wage. However, employers must ensure workers still receive the full minimum wage when tips are insufficient. A minimum wage attorney can review your pay records to determine if your employer properly applied tip credit rules in New York City.

Do I Need an Attorney for My Minimum Wage Rate Issue?

Minimum wage disputes in New York City can involve complex federal, state, and local laws, especially when calculating unpaid wages or overtime. Many employees choose to seek legal advice when they believe their employer has failed to pay the correct wage. A minimum wage lawyer can help you understand your rights and pursue recovery if underpayment has occurred.

New York Minimum Wage Violations: Brown Kwon & Lam

Some employers will do anything if it helps them save a few bucks. As experienced minimum wage lawyers, we have dealt with numerous cases where employers have broken state and federal laws by paying their employees less than the minimum wage.

Our New York lawyers have a proven track record of helping clients hold their past and current employers financially accountable. No employer should be cheating their employees out of their hard-earned money. We will provide you with the legal guidance and representation you need against any employer who has denied you the pay owed to you.

If you have not been compensated correctly under the new New York minimum wage requirements, contact the employment attorneys at Brown Kwon & Lam. We fight for your right to a fair wage and get you the payments your employers owe you.