New York Minimum Wage Violations Reaching Epidemic Proportions

As of January 1, 2015, New York has a new minimum wage of $8.75. New York’s minimum wage was already higher than the federal minimum wage from the Fair Labor Standards Act that governs the rest of the country. It is another progressive step by the state, but it will undoubtedly be met with resistance from employers that do not want to pay their employees a fair and livable wage. The good news for employees is that they have a legal claim against any employer that pays them below the minimum wage.

Not every business that has employees working in New York is based in the state. However, the law applies to any labor done within the state of New York. This means that if you work for minimum wage for a business that is based out of another state, you are entitled to be paid the higher wage for any labor performed with the state of New York. Employment law attorneys in New York City are expecting employers to resist having to pay these increased wages. Some employers are willing to accept the risks of being forced to pay extensive damages for the benefit of saving some money by cheating their employees.

The new minimum wage increase makes a difference in the way that New York City plaintiffs and their employment law attorneys approach lawsuits to recover damages from employers. This is because the Fair Labor Standards Act is a federal law that must be heard in federal court when an employee sues for damages under it. Conversely, the state law must be heard before New York courts. The two laws have different advantages and disadvantages that depend largely on the circumstances of the employee. Deciding which forum to bring a minimum wage violation lawsuit in is a decision that requires an extensive understanding of the nuances between the two laws.

Hopefully, all employers are on board with the new minimum wage in New York and at least pay every employee the minimum wages they deserve. Unfortunately, not every employer does the right thing. Thankfully there are employee rights attorneys out there to give employees a voice and help them take a stand against those employers.

At Hepworth, Gershbaum & Roth, we have a team of attorneys that represent employees in New York and throughout the country to recover unpaid minimum wages. To schedule a free initial consultation, contact us online or call us at 212-532-3801.