Getting Paid in New York

At Joseph & Norinsberg we are employee advocates. In our practice, we have dealt with many unique issues and questions, but there are some recurring themes with respect to what employees want to know. Today, we will answer a few frequently asked questions involving employee rights in New York.

What is the Minimum Wage in New York?

The current minimum wage is $8.75, set to bump up to $9.00 per hour at the end of the year.  There are some employees who are considered “exempt” from the minimum wage because they are paid a salary and have the requisite responsibilities. There are also some employees, like restaurant staff, that have modified minimum wages because they are tipped.

It should be noted that employers are notorious for misclassifying employees, in other words claiming that they fall into an exempt category when they do not and should be receiving minimum wage. Oftentimes it is an inadvertent mistake, but such classifications should be compared to relevant law and not taken at face value.

Am I Entitled to Overtime?

Typically, the same employees that are subject to minimum wage requirements are also subject to overtime pay requirements and are entitled to overtime pay. Under New York and federal laws, these employees are entitled to time and a half for hours over 40 in a week-long period.

Approximately 20% of Papa Johns franchisees in New York are currently looking at legal trouble because of alleged wage and hour violations of this type. The conduct of some of the franchisees appears intentional – one is accused of giving workers fake names to use when clocking in after exceeding 40 hours per week – others, less so. In either case, the franchisees that are found to have violated the laws will be required to make amends by paying their employees the back pay they deserve.

Does My Employer Need a Good Reason to Fire or Demote Me?

Maybe. New York is an “at will” state where employers are typically free to terminate or demote employees for any reason, fair or unfair. However, the major caveat is that employers cannot fire or demote employees for discriminatory reasons.

For example, an employer could demote an employee because the supervisor doesn’t like the way the subordinate staples papers. It is a nonsensical, unfair reason, but it is permissible under the law. An employer could not, however, fire an employee for being too old. One New York based company, Strategic Legal Solutions, recently paid out $85,000 for discriminating on the basis of age.

Sometimes an employer will give a valid but untruthful reason for terminating an employee for a discriminatory purpose. An experienced employment law attorney can help reveal the true impermissible reason in court.

When Do I Get My Last Paycheck if I Quit or am Fired?

Under New York law, you should receive your final paycheck on your regular payday. You can request that your former employer mail your check which might be preferable if you usually picked up your check but don’t want to go into the office following your departure.

Other Employment-Related Questions

Have another employment related question? Contact the employee focused attorneys at Joseph & Norinsberg at (212) JUSTICE or info@employeejustice.com. The legal work environment is complicated and we can help you untangle and understand

2020-11-12T22:12:52+00:00August 19th, 2015|Wage & Hour Violations|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

TESTIMONIALS

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.
Ysaac G
Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 
D.F.
To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!
Karleen L.
This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 
Isaiah B.
I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.
Kate P.

New York City Employment Attorney Profiles

NEW YORK CITY EMPLOYMENT ATTORNEY PROFILES

Our Successful Case Results

$10.5M

Reinoso v. New York City Transit Authority

$7.0M

Morse v. Spitzer

$2.5M

Guzman v. City of New York

$2.0M

Code v. City of New York

$1.8M

Williams v. New York City Transit

$1.5M

Dominguez v. Moskowitz, M.D.

$1.4M

Carvalho v. MonteFiore

$1.4M

Zambrano v. Sound Shore Medical Center

$1.0M

R. v. City of New York

$750K

Rivera v. 260 W. 135 LLC

$750K

Levans v. Delta Air Lines, Inc

$600K

Jacqueline Winbush v. City of New York

$500K

Minor v. City of New York

$500K

Dortch v. Montefiore Medical Center

$400K

Zomber v. Village of Garden City

$190K

Marshall v. Randall

$175K

S.A. v. City of New York

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