You can find a good employment lawyer to help with your wage claim in New York in several ways. A handful of local governments in New York have passed their own minimum wage ordinances. How Can I Find a Wage and Hour Lawyer in New York? Descrbe Your Case Check the New York State Department of Labor for the overtime standards in New York. Related: 2020 State Minimum Wage Updates. 1 It is illegal for California employers to pay employees less than the minimum wage. Determining how much your employer owes you, including, A wage claim is an administrative complaint you can make against your employer with your state department of labor. New York State’s minimum wage was at $9.70 in 2017, for counties without specific minimum wages. You are entitled to be paid the higher state minimum wage. In New York City, it is now $15.00 per hour for all size businesses. This means most workers can't be paid less than the federal minimum wage, which is currently $7.25 an hour. Figuring out whether your employer is breaking the law (that is, whether you have a claim in the first place). Some attorneys will advance these costs for you, paying them out of pocket until the end of the case. Please support high-quality local journalism. Divide that total amount by the total number of regular time (not overtime) hours you worked to earn that money. This means the lawyer gets paid only if the client wins, and only out of the money the client receives as a settlement or court award. An employer taking advantage of this lower minimum wage is taking a tip credit of $5.12 an hour. What Are My Rights to Pay for Work in New York? Under federal law, for example, the minimum wage is $7.25 an hour, but employers may pay tipped employees as little as $2.13 an hour, as long as the employee earns at least the rest in tips. “The proposal to exponentially raise New York State’s minimum wage will have an adverse impact on Orange County businesses, and will likely result in many businesses being forced to close or leave the state,” says the resolution. Some states that allow a tip credit set the minimum tipped wage amount at $2.13 an hour, like federal law; others have established a higher tipped minimum wage. whether and how much you can be required to contribute to a tip sharing arrangement (also called a “tip pool”). Your New York employer is legally allowed to pay you less than the minimum wage, as long as you earn enough in tips to bring your hourly rate up to the New York minimum. To figure out if you are entitled to overtime pay for your work in New York, these are the questions you need answers to: The federal Fair Labor Standards Act (FLSA) requires most employers to pay employees one-and-a-half times their regular hourly wage (called "time and a half") for every hour worked over 40 hours in a workweek, unless the employee is exempt from overtime pay entitlement. Other states require employers to provide rest breaks, meal breaks, or both. If you have an overtime, minimum wage violation, or other wage and hour claim against your employer, you can complain within your company, file a wage claim (in most states), or file a lawsuit to assert your rights. Am I Entitled to Overtime Pay in New York? But some states require employers to pay your final paycheck within a set number of days after termination or resignation. Not all states allow employers to take a tip credit. Although every dollar you aren’t paid is undoubtedly very important to you, the overall value of your case might not be high enough to interest an attorney in representing you. These regulations and procedures vary from state to state. 69 open jobs for Minimum wage in Newburgh. The cash minimum wage that must be paid to service employees depends on the industry and area in which you work; check out the factsheet Minimum Wage for Tipped Workers for more information. In the remainder of the state, it is $11.80 per hour. Community Rules apply to all content you upload or otherwise submit to this site. Current Wages: On December 31, 2018, it rose to $10.40. Is now $ 15.00 an hour on December 31, 2019 information for individuals, and Vacation time in York. Employees whose work days start after 1 p.m. and run for at least the minimum wage against their employer many! A Glance: 2020 California City minimum wage rates vary depending on whether you are subject to a COVID-19 or... 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