The New York wage and overtime attorneys of Risman & Risman, P.C. are dedicated to ensuring you receive every dollar you are entitled to under state and federal law. We are experienced in handling cases involving wage theft, unpaid overtime, and unlawful deductions, and we are prepared to fight for your rights.
Minimum Wage in New York State (Effective January 1, 2025)
Under the New York Minimum Wage Act, the following minimum wage rates are in effect as of January 1, 2025:
- New York City, Long Island, and Westchester County:$16.50 per hour.
- Remainder of New York State: $15.50 per hour.
These rates are set to increase by $0.50 annually until 2027, when adjustments will be tied to the Consumer Price Index (CPI).
FLSA Minimum Wage: The federal minimum wage remains $7.25 per hour. However, since New York State law provides a higher minimum wage, employers in New York must pay the state rate.
Overtime Pay Under FLSA and New York Law
Covered nonexempt employees are entitled to overtime pay at one and one-half times their regular rate of pay for any hours worked over 40 in a workweek. Overtime requirements apply regardless of whether the hours are worked on nights, weekends, or holidays, unless those hours exceed 40 per week.
Hours Worked:
Hours worked include any time an employee is required to be on duty, on the employer’s premises, or at a prescribed work location. This includes time spent performing tasks before or after regular shifts.
Recordkeeping Requirements:
Employers are required to:
- Maintain accurate records of hours worked and wages paid for at least six years.
- Display an official FLSA poster outlining employee rights in a visible location.
Wage Orders for Specific Industries
The New York Department of Labor (NYDOL) has issued wage orders for various industries, including hospitality, building services, and retail. These wage orders may establish different minimum wage rates, overtime rules, and regulations for tip credits and allowances.
Hospitality Industry Wage Order:
- Tipped Food Service Workers: Minimum cash wage of $11.00 per hour with a tip credit of $5.50 (total $16.50).
- Tipped Service Employees (Non-Food): Minimum cash wage of $13.75 per hour with a tip credit of $2.75 (total $16.50).
- Call-In Pay: Employees required to report to work for a shift must be paid for at least 4 hours, or the number of hours in the scheduled shift, whichever is less.
Unlawful Wage Deductions Under New York Law:
Employers are prohibited from making deductions from wages unless both of the following conditions are met:
1. Written Authorization: The employee has provided voluntary, written consent that outlines the nature and amount of the deduction.
2. Lawful Purpose: The deduction is for a permitted reason, such as:
- Insurance premiums or benefits
- Union dues
- Pension contributions
- Charitable contributions
- Wage advances or repayment of loans
- Tuition, room, board, and fees for educational programs
Prohibited Deductions Include:
- Cost of tools, equipment, and uniforms
- Losses due to breakage, spoilage, or cash register shortages
- Fines or penalties for misconduct or poor job performance
Protections Against Workplace Retaliation
Employees are protected under federal and New York State laws from retaliation for:
- Filing a wage or overtime claim
- Participating in an investigation or lawsuit regarding wage violations
- Complaining to their employer about unpaid wages or overtime
Retaliation can include termination, demotion, reduction in hours, or other adverse employment actions. Employees who experience retaliation may be entitled to reinstatement, back pay, and additional damages.
Contact Us
The experienced New York wage and hour attorneys at Risman & Risman, P.C. are here to help you understand your rights and pursue your claims. Consultations are free. Call us at (212) 233-6400 or contact us online.
