#nycminimumwage

Almost all employees are entitled to be paid the minimum wage. However, not everyone knows what the minimum wage actually is. New York has its own, higher minimum wage compared to the federal level, and New York City has an even higher minimum wage. The applicable minimum wage can also vary based on the industry. Are you certain you’re receiving the minimum wage you’re entitled to, or could your employer be underpaying you? At Mansell Law, our NYC unpaid minimum wage lawyers fight daily to ensure workers in New York City receive their rightful wages through individual claims and class action litigation. Contact us for a free consultation if you believe you’re being underpaid.

What is the Minimum Wage in New York City?

The federal minimum wage is $7.25 per hour, but states can set higher minimum wages. As of 2020, New York’s minimum wage is $11.80 per hour, increasing to $12.50 in 2021. New York City’s minimum wage is currently $15.00 per hour for all employers.

Minimum Wage for Fast Food Workers

Fast food workers in NYC earn a minimum of $15.00 per hour, while those outside the city are guaranteed at least $13.75 per hour. Statewide, the minimum wage for fast-food workers will rise to $15.00 in the coming years.

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Minimum Wage for Tipped Employees

Tipped workers receive a lower minimum wage since tips form a significant part of their income. The federal minimum for tipped employees is $4.35 per hour. In NYC, tipped workers earn $10.00 per hour, with variations across regions. Employers can take a “tip credit” to pay less than the minimum wage, but if total wages and tips don’t meet the minimum wage, employers must increase wages.

Does the Minimum Wage Apply to All Employees?

Certain workers are exempt from the minimum wage law, including:

Executives and administrators earning more than 75 times the minimum wage

Professionals

Outside salespersons

Taxicab drivers

Government employees (except some non-teaching staff)

Part-time babysitters

Ministers and religious order members

Volunteers, learners, apprentices, and students in non-profits

Students gaining vocational experience

Independent contractors are also not covered. However, employees are often misclassified as independent contractors, intentionally or mistakenly, to avoid paying the minimum wage.

How Do Employers Violate Minimum Wage Laws?

Common violations include:

Paying less than the minimum wage

Unpaid wages (meals, breaks, on-call time, etc.)

Improper deductions

Misclassifying employees as exempt

Misapplying tip credits or operating illegal tip pools

Contact Our New York Minimum Wage Employment Lawyers

If you suspect you’re not receiving the correct minimum wage in New York City, call Mansell Law at 646–921–8900 for a free consultation. You may recover years of unpaid wages, but don’t delay—act quickly to protect your rights.