Workers in New York City are protected by both federal and state laws mandating that people be fairly compensated. Under these laws, people are guaranteed at least a minimum wage for work they do and, in certain cases, for one and a half times their hourly wage for work performed in excess of 40 hours during a week. Unfortunately wage theft-paying people less than the law requires – is rampant.
Unpaid Overtime or Wages and the FLSA
Federal law – the Fair Labor Standards Act of 1938 (FLSA) was enacted to ensure that workers in America are adequately compensated for the work they do. The FLSA has two major provisions when it comes to employee pay:
Minimum Wage – if an employer meets the test to be covered by federal law that employer is generally required to pay a minimum wage
Overtime Wages – the employer is required to pay non-exempt employees time and a half the employee’s normal hourly rate for all hours worked in excess of 40 each week.
Under the FLSA, an employee has two minimum years to file a lawsuit in federal court against an employer for unpaid overtime or wages
New Federal Eligibility for Overtime
Federal regulations will be soon changed making millions of professional, administrative and executive employees the minimum wage is currently $9. Effective December 1, 2016, the salary threshold for exempting these groups from overtime will increase from $455 per week to $913 per week (or $47.476 annually). In 2017 if you are still making less than $47.476 per year and are not being paid for hours worked over 40 in a week, you should speak with Arthur Forman
New York’s New Minimum Wage
In New York City, the minimum wage for employees working for large businesses (those with at least 11 employees) will increase to $11 per hour on December 31, 2016. The minimum wage rate will further increase by $2 each year thereafter, reaching $15 per hour on December 31, 2018. The minimum wage for New York City employees working for small businesses (those with 10 or fewer employees) will increase to $10.50 per hour on December 31, 2016. The minimum wage rate for small business employees will further increase by $150 each year thereafter, reaching $15 per hour on December 31, 2019.
In Nassau, Suffolk, and Westchester Counties, the minimum wage will increase to $10 per hour on December 31, 2016. The minimum wage rate for employees in these counties will increase by $100 each year thereafter, reaching $15 per hour on December 31, 2021.
Undocumented Workers Are Still Protected
Undocumented workers are still protected under the law and must be paid the legally required wages.
Restaurant Tip Credit Workers
Tip Credit Workers law is complicated. How much of a tip credit can be taken, who can share in tip pools and overtime for Tip Credit Workers are all issues. If you are a Tip Credit Worker and believe that you are not being properly paid, talk to one of our attorneys.
Discuss Your Wage and Hour Claims With An Attorney
Both federal and state wage and hour laws are very technical with many significant exemptions. If you think you have a claim for minimum wages or overtime, you should speak to an attorney.