In almost all cases, no. If you’re working in New York and your employer is paying you less than the legal minimum wage, they’re breaking the law. There are very few legitimate exceptions, and employers often claim exemptions that don’t actually apply. If you’re being paid less than $16.50/hour in

If you work in a New York City restaurant—as a server, cook, busser, dishwasher, bartender, or any other position—you have specific wage rights that many employers violate. Restaurant workers are among the most frequently underpaid workers in the city, facing tip theft, unpaid overtime, illegal deductions, and minimum wage violations.

If your employer is stealing your wages—whether through unpaid overtime, minimum wage violations, illegal deductions, or tip theft—New York gives you multiple options to fight back. You can file a complaint with the state Department of Labor, file a federal complaint, sue your employer, or join a class action. Each

If you work more than 40 hours a week and don’t receive overtime pay in New York, your employer is likely violating the law. You’re entitled to 1.5 times your regular hourly rate for every hour over 40, and you can recover up to six years of unpaid overtime plus

New York’s minimum wage increased on January 1, 2025. If you work in New York City, Long Island, or Westchester County, the minimum wage is now $16.50 per hour. For the rest of New York State, it’s $15.50 per hour. These rates apply to most workers regardless of immigration status,