The Essential Guide to Family & Medical Leave, The Essential Guide to Handling Workplace Harassment & Discrimination, Workplace Investigations: How to Handle Employee Complaints & Problems, The Essential Guide to Federal Employment Laws. In a class action case, one lawsuit decides the rights of all employees who are members of the class. Employees in New York City are entitled to earn the higher local minimum wage of $15 an hour, if their employer has more than ten employees; employees in Nassau County, Suffolk County, and Westchester County are entitled to earn the higher local minimum wage of $13 an hour. You are entitled to be paid the higher state minimum wage. Here, we answer many common questions about wage and hour law in New York, including: A few things to keep in mind as you explore this site: Most states have enacted their own wage and hour regulations and procedures for employees to follow if they have been treated unfairly. You are subject to a COVID-19 quarantine or isolation order issued by the federal, state, or local government. Federal law doesn’t require employers to give employees time off to eat or rest during their shifts. Although there are certainly legitimate internships throughout the private sector, which provide interns with important opportunities to learn new skills, there are also plenty of scams. The hourly rate that you come up with must be at least the minimum wage in New York. An Original Wage Schedule MUST BE REQUESTED from the Bureau of Public Work. Whether you quit, were laid off, or were fired, your employer must give you a final paycheck that includes all of the wages you have earned. Rates will increase each year until they reach $15.00 per hour. You are caring for a son or daughter whose school or care facility is closed, or whose childcare provider is unavailable, due to COVID-19 concerns. Checklist: Information and Documents You Will Need to File a Wage Claim. What You Need to Know About New York Minimum Wage and Overtime Law? Beginning December 31, 2020, Long Island and Westchester workers will be entitled to a $14 minimum wage and will receive the final increase to $15 at the end of 2021. A handful of local governments in New York have passed their own minimum wage ordinances. how much your employer must pay you in addition to your tips, and. Not a subscriber yet? Subscribe to syracuse.com. However, lawyers also know other lawyers, so don’t hesitate to ask a well-recommended lawyer in a different field for an employment lawyer referral. Please consider supporting our work. New York State’s minimum wage was at $9.70 in 2017, for counties without specific minimum wages. Most states have created a process for employees to file a wage claim with a government agency, so they can get their claims adjudicated and get the money they are owed, in less time and for less money than it would cost to file a lawsuit. Governor Andrew M. Cuomo is reminding New York workers and businesses that minimum wage increases across the State have gone into effect. However, minimum wage rates vary depending on location, employer size, and type of employer. Having a lawyer will greatly boost your chances of success in any of these endeavors. The FLSA requires employers to pay employees for all hours worked, including time the employer may classify as a “break.” An employer does not have to pay for longer meal breaks during which the employee is relieved of all work duties. The minimum wage for fast-food workers in New York City will remain at $15 per hour. The minimum wage represents gross earnings: earnings before deductions, such as tax withholding, are taken. Quality local journalism has never been more important, and your subscription matters. These rates are for the National Living Wage and the National Minimum Wage. Andrew Cuomo speaks during a rally to raise the minimum wage on Thursday, Feb. 25, 2016, in Albany, N.Y. (AP Photo/Mike Groll)AP. Am I Entitled to Minimum Wage in New York? But, many states and some local governments set their own minimum wage. This gives employers a strong incentive to misclassify people, intentionally or mistakenly, as independent contractors when they are really employees under the law. Unless your internship meets all six of the requirements explained below, you should be getting paid. Most states have created a process for employees to file a wage claim with a government agency, so they can get their claims adjudicated and get the money they are owed, in less time and for less money than it would cost to file a lawsuit. Regional Minimum Wages to Increase on December 31 as New York Moves Toward $15 Minimum Wage Reminds Workers to Contact Wage Theft Hotline (1-888-4-NYSDOL) to Report Employers Not Complying with Increase . The increases are part of a plan initiated Dec. 31, 2016 to raise the minimum wage in New York in phases to $15 per hour. Divide that total amount by the total number of regular time (not overtime) hours you worked to earn that money. For these reasons, it can be less expensive for employers to hire independent contractors rather than employees. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. The minimum wage for Long Island and Westchester Counties is $13.00. A lawyer or law firm in your area will connect with you. 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. In a tip pool, tipped employees put a certain amount or percentage of their tips into a pot, which is then shared among a group of employees. The Orange County Legislature has dropped a resolution opposing the hike in the state's minimum wage, but that doesn't mean lawmakers have dropped their objections. 3. Orange County Living Wage (OCLW) announced a new annually adjusted living wage of $14.90 an hour, effective January 1. The minimum wage in New York City is $15.00 per hour for large employers (11 or more employees) and for small employers (10 or less employees). They are protected by wage and hour laws guaranteeing them the minimum wage, overtime, and so on. You have been advised to self-quarantine by a health care provider due to COVID-19 concerns. You are entitled to be paid the minimum wage set by law in New York (unless you are exempt), and you have other work pay rights, too. Article 8 Prevailing Wage Schedules/Updates for 07/01/2020 - 06/30/2021 Important Notice to Contracting Agencies : The Prevailing Wage Schedules / Updates posted on this site are provided for informational and annual determination purposes ONLY. California's state minimum wage rate is $13.00 per hour.This is greater than the Federal Minimum Wage of $7.25. Rest of New York State General Minimum Wage. Mr. Stephen Knob Director Orange County Workforce Development Board Employment and Training Administration 40 Matthews Street Suite 301 Goshen, NY 10924 P: (845) 615-3630 F: (845) 360-9240 [email protected] Because this is higher than the federal minimum wage of $7.25, employees in New York must be paid at least $11.80 an hour. In some states, the information on this website may be considered a lawyer referral service. Orange officials next week are set to align the minimum hourly wage of 166 part-time and seasonal employees to meet state wage requirements. The wage will be $13 for employers with 26 or … Factory workers are entitled to a one-hour meal break. How Can I Enforce My Wage and Hour Rights? Below, we explain how attorney fees and court costs work in a case for overtime or other unpaid wages. A class action lawsuit is a court case brought on behalf of a group of employees who have similar legal claims against their employer. You will most likely have to pay the costs of litigation, including court fees, transcription costs, copying costs, and so on. If you decide to file a claim for unpaid wages, be sure you have all of the information and documents you will need, including: You can find more information about what you need to have on hand to file a wage claim at New York State Department of Labor. NY farmers sue to block law that gives workers overtime, right to unionize, Contact Mark Weiner: Email | Twitter | Facebook | 571-970-3751. If your employer has not paid you the full minimum wage, has not paid you overtime you earned, has not paid you for every hour worked, has required you to work through unpaid breaks, or has illegally kept your tips (among other things), you may have a legal claim for wage theft. The minimum wage in California will reach $15.00 an hour by the year 2022. (Keep scrolling for a list of updates coming in the summer of 2020.) In Upstate New York, workers will see their minimum wage increase from $11.10 to $11.80 per hour. You Are Now Leaving the County of Orange Official Portal The minimum wage shall be adjusted on a yearly basis through 2023 according to the pre-set schedule shown above. Only the amount of tips an employee actually takes home counts towards any employer. Regulation includes laws requiring employers to pay employees premium pay for overtime hours, or to give employees rest and/or meal breaks after a certain number of hours of work. 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. For more information about your pay rights, see What Are My Rights to Pay for Work in New York? 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