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All employees in New York must earn, at least, the New York State minimum wage. As of December 31, 2016, the New York minimum wage is at least $9.70 per hour. However, the specific rate applicable to a particular employee depends on the employee’s industry and location in New York state. The specific minimum wages in New York are set forth below and were collected from the New York State Department of Labor website.
In New York City, the minimum wage varies depending on the number of employees:
For business with 10 or less employees, the minimum wage is:
For business with 11 or more employees, the minimum wage is:
As of December 31, 2016, the minimum wage for tipped for service workers in all of New York is $7.50 per hour. In New York City, the rate will increase on December 31, 2017. A complete table showing tip credits, minimum wage increases, and other minimum wage tables is from the Department of Labor website.
New York’s minimum wage and overtime laws are becoming increasingly complex. To help employees understand whether they’re being paid properly in New York, the labor law requires employers to provide their employees with wage statements setting forth the employer’s contact information, the employee’s regular rate of pay, the employee’s overtime rate of pay, and the employee’s hours worked for the pay period. This requirement is imposed by the New York State Wage Theft Prevention Act. Reviewing these wage statements closely is the first step in determining whether an employee has been paid properly.
If an employee has not received a wage statement, it could mean two things. First, the failure to provide a wage statement may be a violation of the labor law itself. But, if the employer has not provided a wage statement, it probably means the employer is hiding something, such as wage theft.
If you have not received a wage statement or if you’re an employee and you believe you have not been paid properly, it’s a good idea to consult with an employment lawyer who can evaluate your case. You can also contact the New York State Department of Labor.
Famighetti & Weinick PLLC are employment lawyers on Long Island who are experienced in evaluating and handling cases for employees who have not been paid minimum wage or overtime. Our employment lawyers on Long Island can be contacted at 631-352-0050 and are available for free consultations. We are also available on the internet at http://abogadodeempleony.com or on Facebook.
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