Rate Below Minimum Wage
Your hourly rate is below the minimum wage that applies in the location where you work.
MINIMUM WAGE VIOLATIONS IN NEW YORK
ARE YOU BEING PAID LESS THAN MINIMUM WAGE FOR THE HOURS YOU WORK?
Your employer generally must pay you at least the applicable minimum wage for every hour worked. If you receive less, you may have the right to pursue unpaid wages and other damages permitted by law.
GENERAL MINIMUM WAGE IN 2026
$17.00
per hour in New York City, Long Island, and Westchester
$16.00
per hour in the remainder of New York State
Effective January 1, 2026. Different rules may apply to tipped workers and employees in certain industries.
Every hour worked should be properly included in your pay.
SIGNS OF A POSSIBLE VIOLATION
WAYS AN EMPLOYER MAY PAY YOU LESS
A minimum wage violation may not always be obvious on your paycheck. Compare the hours you actually worked with the rate and amounts shown on your pay statements.
Deleted Work Hours
Your employer reduces, changes, or removes hours from your records so that the total payment appears to comply with the law.
Work Before or After Your Shift
You are required to prepare, clean, close, or perform other work without having that time recorded.
Improper Deductions
Deductions for tools, uniforms, mistakes, losses, or other charges reduce your effective rate of pay.
Daily or Piece-Rate Pay
Even if you are paid a fixed amount per day or per job, your total pay must still comply with applicable wage requirements.
Improper Tip Credit
When a tip credit is legally permitted, the employer must satisfy specific requirements before applying it to a worker’s pay.
IMPORTANT DOCUMENTS
WHAT INFORMATION CAN HELP EVALUATE YOUR PAY?
You do not need to have every document before requesting a consultation. However, these records may help reconstruct your hours and payments:
- Pay statements and checks you received
- Clock-in and clock-out records
- Work schedules or photographs of schedules
- Text messages with supervisors or managers
- Personal records of the hours you worked
- Bank deposits related to your wages
- Hiring notices or wage documents
- Names of coworkers who worked with you
Keep copies in a personal location that you can access outside your workplace.
IMPORTANT INFORMATION
DID YOU KNOW?
Select a question to see more information.
What is the minimum wage in New York during 2026?
Effective January 1, 2026, the general minimum wage is $17.00 per hour in New York City, Long Island, and Westchester. It is $16.00 per hour in the remainder of New York State.
Can I be paid less if I receive tips?
In certain restaurant or hotel occupations, an employer may be permitted to apply a tip credit. However, the employer must meet specific requirements, and not every worker qualifies.
Does it matter if I am paid in cash?
No. Being paid in cash does not eliminate your right to receive the applicable minimum wage. Keep records of the dates, hours worked, and amounts you received.
What if I am paid a fixed amount per day?
Daily pay may be evaluated together with all the hours worked. Receiving a fixed daily amount does not automatically permit an employer to pay less than the applicable minimum wage.
Does preparation and cleaning time count as work?
Time spent performing tasks required by an employer may be compensable work time, even when it occurs before clocking in or after clocking out.
Can I request help if I do not have all my pay statements?
Yes. Messages, schedules, bank deposits, personal records, and statements from coworkers may help evaluate what occurred.
REVIEW YOUR POSSIBLE CLAIM
DO YOU BELIEVE YOU WERE PAID LESS THAN MINIMUM WAGE?
Every situation is different. Schedule a free consultation so we can learn more about your hours, rate of pay, and possible claim.
ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome. The information on this page is general in nature and does not constitute legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.