212.627.8100Workers in New York have the legal right to receive at least the hourly minimum wage rate of pay for the duties they perform. Federal and state minimum wage laws aim to protect workers from unfair employment practices and employers that deny them the base compensation they deserve for their work. Moreover, overtime pay laws ensure that non-exempt workers (those who are entitled to overtime pay) receive overtime pay that’s equal to one and one-half of their regular hourly rate of pay for any additional hours worked above and beyond 40 hours per week. Although most employers adhere to these laws and compensate their workers accordingly, there are situations where an employer may deny an employee overtime pay or even the minimum wage they are owed. Unfortunately, an employee who files a minimum wage or overtime claim may find themselves the victim of wrongful termination or retaliation by their employer—both of which are unlawful violations of federal and state employment laws.
If you believe that you have been terminated or retaliated against for filing a minimum wage claim or overtime claim in New York, it’s essential that you understand your legal rights and options for taking a stand against these unlawful practices. Enlisting the guidance and support of a highly qualified and caring New York employment law attorney is the best way to make fully informed decisions with confidence. This post will explore some basic information about minimum wage and overtime claims in New York and some of the steps you can take to report wrongful termination or retaliation on the part of your employer.
Understanding Minimum Wage Laws in New York
As of 2024, the federal minimum wage for nonexempt employees is $7.25 an hour. However, many states (including New York) have their own minimum wage laws that allow nonexempt employees to receive a minimum wage that may be higher than the federal rate. If an employee is subject to both the federal and state minimum wage laws, the higher of the two minimum wage rates takes precedence. In New York, the minimum wage varies depending on the region where the employee works and may also vary based on the industry in which the employee works. For instance, an employee in New York City, Long Island, or Westchester is entitled to a minimum wage of $16.00 per hour, while an employee in another area of New York state is entitled to a minimum wage of $15.00 per hour. However, tipped service employees and tipped food service workers in various regions of New York state are subject to slightly different wage rates. In New York City, a tipped service employee is entitled to $13.35 in cash wages and a $2.65 tip credit, while a tipped food service worker in New York City is entitled to $10.65 in cash wages and a $5.35 tip credit. If you are working in one of these industries and you have questions about compensation or wages, you have the right to ask your employer for clarification. Additionally, the New York State Department of Labor (DOL) provides detailed information for both employers and employees regarding wages and compensation matters.
Overtime Pay in New York
Full-time hourly employees in New York typically work 40 hours per week. However, when a worker exceeds 40 hours in one week, they are entitled to receive overtime pay. Any hours worked in addition to the 40 hours per week must be compensated using a higher hourly rate (i.e., one and one-half times the regular hourly rate of pay for each additional hour worked in excess of 40 hours). For example, an employee in New York City who receives a minimum wage of $16.00 per hour is entitled to overtime pay at a rate of $24 per hour for any hours worked above and beyond the 40-hour workweek. However, if your employer has failed to compensate you for overtime work, you have the right to file an overtime claim to recover the compensation you’re owed. You may pursue a claim through the New York State Department of Labor or discuss your options with a knowledgeable and experienced New York employment law attorney.
How to Report Minimum Wage Violations in New York
If your employer is denying you the compensation you deserve, you have the right to file a minimum wage claim or overtime claim to recover the compensation your employer owes you for your work. In many cases, your employer will respond to your claim and provide you with the compensation you’re entitled to receive. However, some employers may penalize workers for filing these claims, even though retaliation or termination is against the law. State and federal employment laws prohibit employers from retaliating against employees for “complaining about labor law violations, providing information to the Department of Labor, or participating in proceedings at the Department of Labor.” While some acts of retaliation can be obvious, others are more subtle and challenging to link directly to the employer’s intent to retaliate against you. For example, an employer may retaliate by cutting your work hours, reducing your pay, reassigning you to a less desirable work location, withdrawing previously allowed privileges, or assigning you to more difficult tasks. As a worker, the prospect of reporting your employer for unlawful retaliation can seem daunting and intimidating—but it doesn’t have to be. With a dedicated and empathetic minimum wage violation lawyer by your side, you can take these critical steps to hold your employer accountable for their unlawful actions.
Get Started With a Trusted Minimum Wage Attorney Today
If you believe your employer has violated minimum wage or overtime pay laws, you have the right to report these violations and recover the compensation you’re owed. Moreover, if your employer has terminated your employment or retaliated against you for filing a minimum wage claim, reporting a minimum wage violation, or filing an overtime claim, it’s essential that you contact an experienced and caring New York employment law attorney who will assess every detail of your case and identify the most strategic path forward. Together, you can recover the compensation you’re owed and take a stand against unfair and unlawful employment practices to ensure that other employees are safe from such actions.
If your employer has terminated your employment or retaliated against you for filing an overtime or minimum wage claim, you have the right to take action. Call the dedicated and highly qualified legal team at Levy Ratner today at (212) 627-8100 to discuss your options with a skilled New York employment law attorney.