Fighting for American Workers

Types of Wage Theft

Minimum Wage Theft

The federal minimum wage is the lowest hourly wage that an employer is permitted to pay its employees. There are a few exceptions to the minimum wage protection for tipped employees, minors, sheltered workshop employees and other workers.

The Tipped Minimum Wage

There is a substandard minimum wage for tipped employees such as waiters and bartenders.  Under federal law the tipped minimum wage is $2.13 per hour.  In New York, the tipped minimum wage is $7.50 per hour for service workers and higher for tipped workers in other industries.  Some states do not permit employers to pay their tipped employees less than the state's minimum wage under any circumstances. 

Where the tipped minimum wage applies, an employer is required to make sure that the tipped worker receives at least the full minimum wage of $7.25 or more, when the worker's tips are included.  If the worker does not receive at least the full minimum wage, the employer is required to make up the difference.

The current federal minimum wage is $7.25 per hour. Several states have a higher minimum wage. For example, the citizens of New Jersey recently voted to amend their state constitution to raise the minimum wage to $8.44 per hour and provide for automatic increases in the future.  The minimum wage for workers in New York State was recently increased to $10.00 hour for workers in Long island and Westchester County and between $10.50 and $11.00 per hours for workers in New York City.

Employers violate the minimum wage law in a number of ways, such as:

Refusing to pay the minimum wage to employees who are entitled to it.

Misclassifying whole groups of workers and failing to pay them the minimum wage.  This includes employees misclassified as independent contractors and unpaid interns.    

Failing to pay tipped employees the tipped minimum wage of $2.13 per hour or failing to ensure that those employees receive at least the full minimum wage of $7.25 per hour after accounting for tips. 

Requiring employees to pay for their own expenses such as equipment or uniforms.  A minimum wage violation can occur when the cost of those items is subtracted from the employee's wages results in the employee receiving less than the minimum wage. 

If you believe that your employer has failed to pay you the minimum wage required by law, contact the Marlborough Law Firm for a free consultation.



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