New York State employees who believe they are not getting what they are owed from their employers in terms of compensation have recourse to seek that their rights be adhered to through a legal filing. First, however, it is essential to understand what the law says specifically about what the minimum wage is and how much they are supposed to receive for overtime. People who are not receiving what they are supposed to under the law could have the basis to file a lawsuit.
The minimum wage in New York hinges on several factors including where the job is located and how many employees are working at the job. Currently, the minimum wage for large employers who have 11 or more employees is $13 per hour. At year’s end, that will rise to $15 per hour. For small employers who have 10 employees or fewer, it is currently $12 per hour. It will rise to $13.50 per hour at year’s end. In Long Island and Westchester, it is currently $11 per hour. By year’s end, that will rise to $12. The rest of New York State has a current amount of $10.40 per hour and that will rise to $11.10 at year’s end.
Overtime is available to most workers. It is calculated weekly. For a worker who is eligible for overtime, they should receive 1.5 times what they get for a regularly hourly wage. This begins when they work beyond 40 hours in a week. If a person is getting the current minimum of $12 per hour for employers who have 10 or fewer employees, their overtime rate would be $18 per hour for every hour of overtime they work. For those who are paid on a daily or weekly basis and do not have an hourly rate, they will still be eligible to get overtime.
It is an unfortunate reality that there are still employers in New York who will try to mistreat their employees and deny them their rights to a minimum wage and overtime they are supposed to receive under the law. Many employees are either completely unaware of their rights or are frightened about being retaliated against by their employer for speaking up. They need not be afraid for seeking what they are supposed to receive under the law. A law firm that is experienced in helping people who are confronted by this issue and understands employment law for employees can assist with a wage claim.
