Articles Posted in Wage and Hour

All employees in New York must earn, at least, the New York State minimum wage.  As of December 31, 2016, the New York minimum wage is at least $9.70 per hour.  However, the specific rate applicable to a particular employee depends on the employee’s industry and location in New York state.  The specific minimum wages in New York are set forth below and were collected from the New York State Department of Labor website.

New York City Minimum Wage

In New York City, the minimum wage varies depending on the number of employees:

The federal Fair Labor Standards Act (FLSA) and the New York State Labor Law (NYLL), set requirements for employers to pay minimum wage and overtime to employees. Unfortunately, all too often, employers do not pay employees properly, a practice that has come to be known as wage theft.  Today’s employment law blog discusses issues relating to unpaid wages and overtime.

Minimum Wage

Minimum wage is set by both the FLSA and NYLL.  Generally, New York’s minimum wage is higher than the federal minimum wage, so in New York employers must comply with New York’s law.  New York’s minimum wage varies depending on industry and location.  Further, it is set to increase over the next several years.  Accordingly, employees in New York should watch the Department of Labor website to stay up to date on the latest minimum wage or contact a lawyer to determine if the employer is paying the proper minimum wage amount.

On August 23, 2016, United States Magistrate Judge Arlene R. Lindsay recommended that Famighetti & Weinick, PLLC’s client receive an award of more than $366,000 in actual and liquidated damages.  The recommendation is based on the client’s lawsuit alleging nearly five years of unpaid overtime from his former employer.

In issuing her recommendation Judge Lindsay found that F&W set forth “specific allegations as to the number of hours worked” and that the firm’s calculations of damages presented to the Court were “accurate and complete.”  Thus, she recommended an award of $155,667.37 for the client’s unpaid overtime and spread-of-hours wages and an additional $210,984.49 in combined liquidated damages under the Fair Labor Standards Act and the New York Labor Law.

The Court further recognized F&W’s partners, Matt Weinick and Peter Famighetti, as “experienced attorneys” with experience “primarily in employment litigation.”  Judge Lindsay noted that the Firm’s submissions to the Court were “detailed, thorough, and accurate and the work performed was reasonable and thoroughly documented.”  Accordingly, Judge Lindsay recommended that the F&W attorneys receive an hourly rate of $350 for their work.

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