Tipped Employees in New York Found to be Most Likely Employees to be Paid Less than Minimum Wage

Recently, studies have shown that tipped employees in the state of New York are among the worst paid employees in the state. It has become common for them to receive wages that are below the state and federal minimum wage requirements. Servers and car wash employees are the types of tipped employees that have been most victimized by receiving compensation below the minimum wage.

It is legal for tipped employees like servers to be paid an hourly wage that is below the normal minimum wage. In New York, the minimum wage for tipped employees is $5. However, that minimum wage is only legal with the caveat that the employee is going to receive tips while they are working that will bring their average hourly income over the minimum wage. If the business is not busy, then the employer has the legal obligation to pay the employee additional wages to meet the normal minimum wage. New York City employment law attorneys help victims of unpaid wages take legal action and recover the compensation they deserve.

Employee rights attorneys and advocates agree that the crux of the issue is that there is a gross lax of enforcement in this area. Employers continuously take advantage of the situation because they have been allowed to get away with it. New York City employees need to take a stand against these businesses that engage in unethical conduct. The best course of action for a tipped employee in New York that has not been receiving their full and fair wages is to contact an employment law attorney and discuss their rights to take legal action against their employer.

Businesses that use tipped employees are already given the financial benefit of being able to pay their employees below the normal minimum wage when employees are actually receiving tips. They should not be able to take advantage of their employees even further by getting away with at least paying them the minimum wage when they do not earn more than New York’s minimum wage.

If you are a tipped employee and your employer does not compensate you when you do not earn tips, then call the employee rights attorneys at Hepworth, Gershbaum & Roth, PLLC. Schedule a free initial consultation by calling 212-545-1199 or contact online.