New Year New Minimum Wage Requirements

New York State Governor Andrew Cuomo signed into law a bill which structures the gradual increase of the minimum wage in New York to $15.00. This structure provides a different schedule in three different regions of New York including, 1. New York City; 2. Nassau, Suffolk, and Westchester counties; and 3. outside Nassau, Suffolk, and Westchester counties. Not only does each region have a different schedule, but each type of business within New York City has different schedules as well.

The schedule for New York City businesses with 11 or more employees is as follows:

  • Effective December 31, 2017, $13.00
  • Effective December 31, 2018, through December 31, 2021, $15.00

The schedule for New York City businesses with 10 or fewer employees is as follows:

  • Effective December 31, 2017, $12.00
  • Effective December 31, 2018, $13.50
  • Effective December 31, 2019, through December 31, 2021, $15.00

In Nassau, Suffolk and Westchester Counties, the minimum wage schedule is as follows:

  • Effective December 31, 2017, $11.00
  • Effective December 31, 2018, $12.00
  • Effective December 31, 2019, $13.00
  • Effective December 31, 2020, $14.00
  • Effective December 31, 2021, $15.00

Outside Nassau, Suffolk and Westchester Counties, the minimum wage schedule is as follows:

  • Effective December 31, 2017, $10.40
  • Effective December 31, 2018, $11.10
  • Effective December 31, 2019, $11.80
  • Effective December 31, 2020, $12.50

According to the Minimum Wage Act (Article 19 or the New York State Labor Law), all employees in New York must receive at least the applicable minimum wage rate. For example, if Dave works in New York City for a business that has 10 or fewer employees, he should be making at least $12.00. If Dave is making $15.00, the business is properly paying him. Whereas, if Dave is only receiving $10.00 he is being illegally underpaid according to New York State law. An employer that does not comply with the Minimum Wage Law is subject to criminal prosecution and penalties. Actions against the employer may also be taken in civil court. The Commissioner of Labor may require the employer to pay minimum wage underpayments and liquidated damages plus interest as well as civil penalties up to 200% of the unpaid wages.

In addition to a new minimum wage, employers must also provide employees with a mandatory posting. New York’s minimum wage law includes a mandatory posting requirement which must be displayed in a highly visible area of the workplace where employees have regular access, such as break rooms or lunchrooms.

The Federal Fair Labor Standards Act requires that your employer pay you at least the minimum wage in addition to overtime. If you believe that you have not been compensated fairly as an employee, contact an experienced New York Employment Attorney who will fight for your right to a fair wage.Contact Steven Mitchell Sack, “The Employee’s Lawyer,” at (917) 371-8000 or email him at sms@StevenSack.com.

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