What Happens If an Employer Does Not Pay You the Minimum Wage In NY?
When you get a job, even if you enjoy it, you work for a paycheck. In New York, you are protected by minimum wage standards. This is a state and federal requirement that cannot meet exceptions. You may be entitled to legal action or compensation if your employer is not paying this legally mandated minimum. At Gattuso & Ciotoli, PLLC, our Syracuse unpaid wages claims attorney may be able to help you recover the compensation you are due.
Minimum Wage Requirements
Both federal and state laws govern minimum wage. If the state sets a higher minimum than the federal amount, the highest wage is the one that is to be paid. The federal minimum wage for nonexempt workers is $7.25, according to the U.S. Department of Labor. Service industry employees who also receive tips operate with a $2.13 hourly requirement. However, the employer must pay the difference if the worker does not receive tips that bring their average wage to $7.25.
New York Minimum Wage
New York is one of more than 30 states with a minimum wage higher than federal requirements. The New York Department of Labor reports that the minimum wage will increase by $0.50 in 2025 and 2026. By 2027, New York workers should see a regular annual increase based on a three-year average of the consumer price index. As of January 1, 2024, the minimum wage for New York workers is as follows:
- New York City, Long Island, and Westchester- $16.00 per hour standard and $10.65 for those who also earn tips
- The rest of New York State- $15.00 per hour standard and $10.00 for those who earn tips
What are my options if My Employer is Not Paying Minimum Wage?
If you have encountered a situation where your employer is not paying you the mandated minimum, you may have legal recourse. First, it is always a good idea to speak to your employer and the Human Resources department to try and resolve any issues. However, if this does not correct the issue, you may take action by contacting the New York Department of Labor to file a complaint regarding your unpaid funds. You may also choose to contact an unpaid wages lawyer to assist you in recovering them. In some cases, it may be acceptable to pursue both routes. As of September of 2023, New York considers wage theft to be larceny under Penal Law 155, which means your employer may face criminal charges if your concerns are substantiated. These charges may be in addition to other administrative fines they may incur from a DOL investigation or compensation due in a civil settlement.
Civil Repercussions
If you secure one of our wage theft attorneys with Gattuso & Ciotoli, PLLC, we can help you pursue a case in civil court. This route will not result in criminal charges for your employer but will simply seek compensation and accountability for their unethical behavior. When you pursue a civil lawsuit, you may request damages for losses such as:
- Back pay for unpaid wages
- Interest on the unpaid wages
- Court costs and legal fees
If your employer is not paying you the wages the law entitles you to, you deserve support in recovering that pay. We feel strongly about holding exploitative employers accountable and protecting workers’ rights.