The state of New York has put in place various laws and regulations to protect workers from wage theft and unpaid overtime. The state minimum wage and overtime pay requirements are incredibly generous when compared to other states in the country. However, some employers still violate these laws, and employees may have to file lawsuits to recover their unpaid wages and overtime pay.
If you have a wage complaint in New York, the New York wage and overtime lawyers at The Samuel Law Firm can help.
New York’s minimum wage varies based on the employer’s location, size, and industry. As of December 31, 2021, the minimum wage rates in New York State are as follows:
The minimum wage for New York City employers with 11 or more employees is $15.00 per hour.
The minimum wage for New York City employers with ten or fewer employees is $14.00 per hour.
The minimum wage for Long Island and Westchester employers is $15.00 per hour.
For employers in the remainder of the state, the minimum wage is $12.50 per hour.
Under New York law, employees are entitled to overtime pay for all hours worked over 40 in a workweek. The overtime rate is one and a half times the employee’s regular pay rate. However, some employees are exempt from overtime pay, including salaried executives, administrative and professional employees, outside salespersons, and some farm workers.
Employees who are victims of wage theft and overtime theft can file lawsuits to recover their unpaid wages and overtime pay. In such cases, plaintiffs can recover the following types of damages:
Unpaid wages: This includes all wages that the employer failed to pay, including the minimum wage, overtime pay, and any other wages owed to the employee.
Liquidated damages: This is an additional amount equal to the unpaid wages that the employee can recover if the employer’s violation was willful.
Interest: This is the interest that accrues on unpaid wages from the date they were due to the date they are paid.
Attorney’s fees and costs: It is not uncommon for the prevailing plaintiff to recover their reasonable attorneys’ fees and litigation costs.
Employers must abide by the wage and hour laws because if they violate them, they may face penalties, including fines, liquidated damages, and injunctions. In some cases, employers may also face criminal charges.
New York has some of the most generous minimum wage and overtime pay requirements in the country, but some employers still violate these laws. Employees who are victims of wage theft and overtime theft can file lawsuits to recover their unpaid wages and overtime pay, as well as other damages.
The Samuel law firm is an experienced employment law firm in New York that can assist employees who are victims of wage theft and overtime theft. This firm has successfully represented many clients in wage and overtime lawsuits, recovering damages for our clients. The firm’s attorneys have a deep understanding of New York wage and hour laws and can provide clients with the legal support they need to recover their unpaid wages and overtime pay.
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