Employment Law

New York Tipped Wage Attorneys

Is Your Employer Paying What You’re Owed?

The Fair Labor Standards Act (FLSA) establishes that employers must pay their employees the highest applicable minimum wage provided by federal, state, or local law. Through 2022, the minimum in New York is $13.20 except in New York City, Nassau, Suffolk, and Westchester Counties, where the minimum wage is $15.

Tipped workers are not excluded from making minimum wage, but “tip credits” allow their employers to pay below minimum wage as long as the employee’s tips make up the difference. Because things work differently for tipped wage employees than workers who are directly paid minimum wage, they are more at risk of being shortchanged by their employers.

Wage and hour disputes are very common throughout the U.S. If you believe your employer isn’t paying what you earned, USA Employment Lawyers can help. Our tipped wage attorneys in New York can provide the legal support and services you need to pursue the compensation you should have been paid. With our assistance, you can better understand your situation and the options available to take legal action.

Learn more when you call (800) 483-0998 and be sure to request a consultation with a USA Employment Lawyer attorney as soon as possible.

What Are Tip Credits & How Do They Work?

A tip credit is the maximum amount an employer can reduce a tipped employee’s minimum wage rate. As long as the employee makes enough in tips to cover the tip credit, their employer can pay them below minimum wage.

Tip credits apply differently to certain tipped employees based on where they work in New York. Below is a breakdown of tip credit amounts as of 2022:

  • Service Employees in New York City, Long Island & Westchester County – $2.50
  • Food Service Workers in New York City, Long Island & Westchester County – $5
  • Service Employees elsewhere in New York – $2.20
  • Food Service Workers elsewhere in New York – $4.40

Here’s an example of tip credits in action: The minimum wage in New York City is $15/hour, which means any employee should make at least $120 during an 8-hour shift. Because employers of tipped food service workers can take a $5/hour tip credit, though, these employees can be paid a minimum of $10/hour.

If a food service worker makes at least $40 in tips across an 8-hour service shift, the employer doesn’t have to provide additional compensation beyond $80 ($10/hour) because the tip sufficiently covers the tip credit to reach minimum wage. If the employee only makes $20 in tips during their shift, however, their employer must pay an additional $20 to ensure the employee is at least making the $15/hour minimum wage rate.

Tip credits only apply during the hours employees work for tips. If an employee spends two hours of an eight-hour shift doing prep work or cleanup, then tip credits only apply to the six hours during which they worked for tips.

What Should I Do If My Employer Isn’t Paying Me?

If your employer isn’t paying you what you earned, you should contact a tipped wage lawyer in New York for help. By learning about your legal options and taking action as soon as possible, you can protect your right to recover what you’re owed.

We at USA Employment Lawyers can help. If you’d like to learn more about our legal assistance, contact us online now.

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