Wage & Hour
In the United States, an employer may not pay an hourly employee less than $7.25 an hour. Some states and municipalities have set their own minimum wage amount. The State of New York has set the minimum wage at $11.80 an hour. In Nassau, Suffolk and Westchester counties the minimum wage is set at $13.00 an hour. In New York City, the minimum wage is $15.00 an hour.
In addition, an hourly employee must be paid 1.5 times their hourly wage for overtime. Overtime is classified as any time worked beyond 40 hours in a period of seven consecutive days. So, if an hourly employee is paid $20 an hour and works for 45 hours over a consecutive seven-day period, the employee will be paid $20/hour for the first 40 hours and $30/hour for the extra five hours.
If you are an employee and you feel that your employer has committed a wage & hour violation, Romano Law may be able to help. It is important to note that employers that violate these rules generally avoid doing so openly; instead, they find creative ways to discreetly deprive employees of the wages they are legally entitled to. Many employees may not even realize that they have lost thousands of dollars in wages.
Examples of employees that may be deprived of the minimum wage or overtime pay include those that:
- are paid below the state, county, or city minimum wage;
- have been misclassified as independent contractors;
- do not have their hours properly recorded due to off the clock work, work that occurred off site, missed rest or meal breaks;
- have their tips stolen or misappropriated by their employer;
- have their pay docked due to accidental damage caused by an employee; and
- are retaliated against for reporting a wage hour violation.
An employee who is an undocumented worker, being paid off the books or paid by cash is not exempt from Wage & Hour requirements. An employer that violates these rules may be required to pay back pay, liquidated damages (x2 any owed back pay), and attorney fees.
For more information, please reach out to an experienced Romano Law employment attorney.
For more information on our Wage & Hour services, or to speak with an experienced NYC Wage & Hour attorney Contact Us