The minimum wage is currently $11.80 an hour. Farm workers also have a minimum wage of $11.80/hour, with a “farm work agreement” that determines how the wage is earned and working conditions.
Fast food workers have a minimum wage of $13.75 an hour.
Year 2020 2021 Minimum Wage per hour $11.80 $12.50
*Outside of New York City
-Tipped employees have a wage of $7.85 an hour with a minimum of $3.95 in tips OR paid by the employer
-The amount of tips earned or paid by the employer increases with the minimum wage
-Tipped employees are covered by overtime rules
-Employees that receive tips or gratuity may not have their tips demanded or accepted either directly or indirectly by an employer or on behalf of the employer
Temp workers have a right to:
–Be free from discrimination by BOTH the agency they use and the host employer
-Be provided with identical or equivalent safety training to host employer’s non-temp employees
-The minimum wage
Most workers are entitled to 1 1/2 times your regular wage for all hours worked over 40 in a week
There are exceptions from overtime for:
Most workers must be paid for their work within 7 days of the period in which it was earned.
You have the right under U.S. health and safety laws to:
Be trained in a language you understand A workplace safe and free of recognized hazards Raise health and safety concerns with your supervisor File a complaint with OSHA about unsafe or unhealthy conditions Refuse to do a job task that you reasonably think might put you in immediate danger Know about hazards in your workplace Not be discriminated against (fired, given a worse job, etc.) for reporting safety hazards (Whistleblower Protections) Access to records of medical test and test that monitor you work environment for hazardous materials Access to information about injuries and illnesses that happen in your workplace
Title VII and the New York State Division of Human Rights protect employees from being discriminated against.
To file a discrimination claim, click here.
-Race -Color -National Origin -Religion -Gender -Disability -Military Status -Predisposing Genetic Characteristics -Familial Status -Martial Status -Domestic Violence Victim Status -Pregnancy -Political Activities (outside of work) -Recreational Activities (outside of work) -Sexual Orientation -Union Membership
It is illegal to penalize or fire an employee for making or filing a complaint to any government agency
An employer may not punish employees for reporting an employer to a government agency in good faith
An employer may be liable for retaliation for:
-Firing/laying off -Blacklisting -Demoting -Denying Overtime/Promotion -Failing to hire/rehire -Intimidation -Making threats -Reducing Pay -Reducing Hours -Discipling -Denying benefits -Reassignment affecting prospects for promotion
For more information on filing a complaint, click here or call the WNYCOSH Worker Center.
You are entitled to workers’ compensation insurance, even if you are paid “off-the-books” or “under-the-table”
You should complete an Employee Claim or C-3 form through your employer or you can receive assistance from the WNYCOSH Worker Center Hotline at (716) 206-3550.
For our Workers’ Compensation Guide, click here.
