FAQ
F A Q
A: Yes, all employees are entitled to minimum wage and overtime regardless of their immigration status.
A: Yes, no matter you are paid totally in cash, or part in cash and part by check, you are entitled to pursue your claims for unpaid wages. In addition, the federal and New York state law require an employer to keep payroll records and time records. An employee’s testimony about his or her work hours itself is enough to show the hours worked
A: No. This law firm takes a contingent fee approach for Plaintiff’s case. The firm only receive 33.3% of recovery obtained. If there is no net recovery when case is closed including settled or tried, Attorney will receive no attorney’s fees.
A: In 2021, the minimum wage is $15.00 per hour for New York City employers. For employers in Long Island and Westchester the minimum wage is $14.00 per hour, while everywhere it is $12.50 per hour. Please see the chart below for more information about minimum wages of employees in the hospitality industry.
Hospitality Industry
| BASIC MINIMUM HOURLY RATE (per hour) | ||||||
| … AS OF | 12/31/16 | 12/31/17 | 12/31/18 | 12/31/19 | 12/31/20 | 12/31/21 |
|---|---|---|---|---|---|---|
| GENERAL MINIMUM WAGE | ||||||
| NYC – Large Employers (of 11 or more) | $11.00 | $13.00 | $15.00 | |||
| Item #2 | Description | Discount: | $4.00 | |||
| NYC – Small Employers (10 or less) | $10.50 | $12.00 | $13.50 | $15.00 | ||
| Long Island & Westchester | $10.00 | $11.00 | $12.00 | $13.00 | $14.00 | $15.00 |
| Remainder of New York | $9.70 | $10.40 | $11.10 | $11.80 | $12.50 | TBD |
Hospitality Industry
| State | ||||||
| TIPPED FOOD SERVICE WORKERS (per hour) | ||||||
| … AS OF | 12/31/16 | 12/31/17 | 12/31/18 | 12/31/19 | 12/31/20 | 12/31/21 |
|---|---|---|---|---|---|---|
| CASH WAGE PAID BY EMPLOYER (minimum) | ||||||
| NYC – Large Employers (of 11 or more) | $7.50 | $8.65 | $10.00 | $10.00 | $10.00 | $10.00 |
| NYC – Small Employers (10 or less) | $7.50 | $8.00 | $9.00 | $10.00 | $10.00 | $10.00 |
| Long Island & Westchester | $7.50 | $7.50 | $8.00 | $8.65 | $9.35 | $10.00 |
| Remainder of New York State | $7.50 | $7.50 | $7.50 | $7.85 | $8.35 | TBD |
A: Non-exempt employees must be paid 1.5x their regular hourly rate for all hours worked in excess of forty in a work week. For example if an employee earns $10.00 per hour, they must be paid $15.00 for every hour after 40 hours in a week. For domestic “live-in” workers overtime must be paid after forty-four hours.
A: All employees are entitled to overtime unless they fall under a specific exemption. Under New York and Federal Law certain occupations are considered “exempt.” These include, but are not limited to, executives and administrators earning more than $675 per week, professionals, outside salespersons, commissioned sales people, and interstate truck drivers. If you do not fall under an exemption you must be paid overtime.
A: All non-exempt employees must be paid based on the number of hours they work. Employees who are paid fixed daily, weekly, or monthly salaries must still be paid overtime for any work performed in excess of forty hours in a workweek.
A: Under New York State law employees who are not paid at the minimum wage must be paid for an extra hour at the applicable minimum wage for each day the employee worked ten or more hours. In the hospitality industry all non-exempt employees are entitled to spread of hours pay.
A: Yes, you may bring a lawsuit if you are still employed the by company. The Fair Labor Standards Act and New York Labor Law both contain anti-retaliation provisions. This means that employers are prohibited from taking any adverse action, including termination, against an employee who files a complaint for unpaid wages.
A: An employer cannot deduct money from an employee’s wages for breakages, cash shortages, fines or any other losses to the business. However, the employer is allowed to deduct certain items from an employee’s wages such as federal or state taxes, insurance premiums or union dues, etc.