Are You Being Paid the New $16.50 Minimum Wage in Melville? What to Do If Your Employer Is Still Paying the Old Rate

When Your Paycheck Doesn’t Match New York’s 2025 Wage Laws

If you’re still receiving the old minimum wage rate even though New York increased wages by $0.50 on January 1, 2025, you’re not alone—and you’re being shortchanged. Many workers across New York, including Nassau and Suffolk County are discovering their employers never adjusted payroll systems to reflect the new rates that are legally required. This means every hour you work at the old rate, you’re losing money that legally belongs to you. The good news is that New York law provides strong protections for workers, and you have multiple options to recover these unpaid wages while ensuring your employer follows the law going forward.

Pro Tip: Calculate how much you’re owed by multiplying the wage difference by your total hours worked since January 1, 2025—this amount continues growing each day your employer delays compliance.

Your Rights Under New York’s Updated Minimum Wage Laws

Under the current New York labor law, all workers are entitled to receive at least the updated hourly minimum wage rate, including fast food workers, nail salon workers, and tipped workers. The state minimum wage increased by $0.50 on January 1, 2025, and these rates are in effect from January 1, 2025, through December 31, 2025. When employers fail to pay the correct New York minimum wage, they face serious consequences, including criminal prosecution and penalties. An unpaid wages lawyer in New York can help you understand that employers who willfully or repeatedly fail to comply with minimum wage requirements will be subject to civil monetary penalties for each violation.

Pro Tip: Keep detailed records of your work hours and pay stubs—these documents become crucial evidence if you need to file a wage claim or lawsuit.

Steps to Take When Your Employer Ignores the New Wage Requirements

If your employer hasn’t implemented the January 2025 wage increase, taking action quickly protects your rights and prevents further losses. The Department of Labor helps collect wages owed to workers who have not received the minimum wage, and the process is more straightforward than many workers realize. Here’s how to approach this situation strategically:

  • Document Everything: Keep pay stubs, time records, and any communications about wages from before and after January 1, 2025

  • Notify Your Employer: Speak with HR or management about the wage discrepancy—sometimes this resolves the issue immediately.

  • Consider Legal Action: Workers can directly upload their claim for review by the Division of Labor Standards if employer conversations fail.  They can also bring a claim in court.

  • Track Ongoing Losses: Continue documenting underpayments while your case progresses to maximize recovery

Pro Tip: The state minimum wage is scheduled to increase by another $0.50 on January 1, 2026—address current violations now before facing even larger discrepancies next year.

Understanding Local Living Wage Requirements

Workers throughout Nassau and Suffolk County should know about additional wage protections beyond state minimums. The Nassau County Living Wage Law took effect on January 1, 2007, and as of August 1, 2025, the Living Wage is $17.26 an hour.  The Suffolk County Living Wage Law provides that, as of Janauary 1, 2024, the Living Wage is $17.21 an hour.

These laws establish a Living Wage for employees of companies that Nassau and Suffolk County do business with and provides for a health benefits supplement for employees not receiving such benefits. An unpaid wages lawyer in New York can help determine if you’re covered under multiple wage laws and ensure you receive the highest applicable rate.

Reporting Living Wage Violations

Anyone who believes they have information about a  Nassau County contractor violating the Living Wage Law can call a dedicated hotline at 516-571-WAGE. For concerns in Suffolk County, you can contact the Suffolk County Department of Labor, Licensing & Consumer Affairs at 631-853-3808. 

Understanding these local protections helps workers on Long Island ensure they’re receiving all wages they’re legally entitled to under both state and county laws.

Pro Tip: If you work for a Nassau County contractor, you may be entitled to the higher living wage rate rather than just the state minimum—always check which law provides better protection.

Criminal and Civil Penalties Facing Non-Compliant Employers

New York takes wage violations seriously, and employers who ignore the New York State Minimum Wage face significant consequences beyond just paying back wages. An employer is guilty of a misdemeanor if they fail to provide employees the benefits and wage supplements that were agreed upon. Additionally, failure to pay wages may result in referral to a local District Attorney for consideration for criminal prosecution. Civil penalties can be imposed for repeated and willful violations of minimum wage and overtime payment requirements, making compliance essential for employers.

Department of Labor Enforcement Powers

The Department of Labor can seek a judicial injunction in a U.S. District Court to prohibit violations of the law, including illegal withholding of proper minimum wage payments, failure to maintain appropriate records, and retaliation against employees who have filed complaints. The Department can also pursue civil penalties through Administrative Law Judges when appropriate. An unpaid wages lawyer in New York knows these enforcement mechanisms create multiple pathways for workers to recover unpaid wages and hold employers accountable.

Pro Tip: The Department has helped tens of thousands of workers recover millions of dollars in lost wages—you’re not alone in fighting for fair pay, and the system is designed to help you succeed.

Frequently Asked Questions

Common Questions About New York’s 2025 Minimum Wage

Workers often have practical questions about how the new wage laws apply to their specific situations and what steps they should take when employers aren’t complying with updated requirements.

Pro Tip: For questions about submission of a Labor Standards wage theft claim, workers can email LS-Intake@labor.ny.gov or call 888-525-2267 for direct assistance.

Getting Help With Wage Claims and Legal Action

Understanding your options and knowing where to get help makes the difference between recovering your unpaid wages and letting violations continue. Each year, Labor Standards responds to thousands of employee complaints of unpaid wages and benefits, so you’re joining a well-established process for protecting worker rights.

Pro Tip: For additional assistance or to file a complaint, workers can call 1-888-4NYSDOL (1-888-469-7365) to speak directly with state labor officials about their situation.

1. What should I do if my employer is still paying the old minimum wage rate?

First, document your hours and pay stubs since January 1, 2025. Speak with your employer about the wage discrepancy, and if they don’t correct it immediately, file a complaint with the New York State Department of Labor. You can also consult with an unpaid wages lawyer in New York to understand your complete legal options.

2. Can I file claims for both unpaid minimum wage and overtime violations?

Yes, workers can file claims if their employer paid them less than the current minimum wage and if their employer did not pay an overtime rate for hours worked over 40 in one week. These violations often occur together and can be addressed in the same complaint.

3. How much compensation can I receive for minimum wage violations?

You’re entitled to back wages for the difference between what you were paid and what you should have received, plus an equal amount in liquidated damages. You may also recover attorney fees, costs, and interest if you file a lawsuit.

4. Do I need written notice about wage and benefit policies from my employer?

Yes, every employer is required to notify employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays, and hours of work. This includes information about wage rates and any changes to compensation.

Work with a Trusted Unpaid Wages Lawyer

When employers fail to pay the wages you’ve earned, taking action quickly protects your rights and ensures you receive every dollar owed. An experienced unpaid wages lawyer in New York can evaluate your situation, calculate your total losses, and pursue the most effective legal strategy, whether through administrative complaints, settlement negotiations, or civil litigation. At Kessler Matura P.C., we understand that wage violations affect your ability to support yourself and your family, and we’re committed to holding employers accountable while maximizing your recovery.

Don’t let your hard-earned money slip through the cracks. Connect with Kessler Matura P.C. to ensure you’re getting every cent you’re owed. Dial 631-499-9100 or contact us today to explore your options and take a stand for your rightful earnings.