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Wage & Hour Violations · California & New York

Minimum Wage Violations Attorney

Dealing with a minimum wage violations issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Minimum Wage Violations Scenarios

Your employer pays you less than the state or local minimum wage
Deductions from your paycheck bring your effective hourly rate below minimum wage
You are paid by the piece or by commission and your effective rate falls below minimum wage for hours worked
Your employer does not pay for mandatory training time or meetings, bringing your effective rate below minimum wage
Tipped employees are paid below the required minimum wage when tips are insufficient

Your Employment Rights in California & New York

If you have experienced minimum wage violations, both California and New York law provide strong protections. You may be entitled to:

  • Back pay and lost wages recovery
  • Compensatory damages for emotional distress
  • Punitive damages in cases of egregious conduct
  • Attorney's fees and litigation costs paid by the employer

Minimum Wage Violations FAQ

What is the current minimum wage in California?

As of 2025, California's statewide minimum wage is $16.50 per hour for all employers. Many cities and counties have higher local minimums — for example, San Francisco, Los Angeles, and other major cities often set rates above the state level. California does not allow a tip credit, meaning tipped workers must receive the full minimum wage before tips.

What is the current minimum wage in New York?

New York's minimum wage varies by region. New York City, Long Island, and Westchester County generally have the highest rates. Upstate New York has a lower rate that increases annually. New York allows a limited tip credit for certain tipped workers in the hospitality industry, but the combined cash wage plus tips must meet or exceed minimum wage.

Can my employer make deductions that bring my pay below minimum wage?

In California, employers generally cannot make deductions that reduce pay below minimum wage, except for legally required deductions (taxes, court-ordered garnishments). Under New York Labor Law § 193, wage deductions are strictly limited. Deductions for uniforms, tools, cash register shortages, or damaged merchandise are generally prohibited if they bring pay below minimum wage.

What remedies are available for minimum wage violations?

You can recover the difference between what you were paid and minimum wage for all affected pay periods, plus liquidated damages (equal to the unpaid wages in NY, up to 25% in CA under PAGA), interest, attorneys' fees, and waiting time penalties in California (up to 30 days of pay under Lab. Code § 203). Class action lawsuits are common for systemic violations.

Other Wage & Hour Violations Claims We Handle

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