Can you sue a former employer for violating the minimum wage law?

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Can you sue a former employer for violating the minimum wage law?

I used to work at a restaurant where I was paid less than the minimum wage. I only worked there for 2 months until I found out that what they are doing is illegal. I was paid about $1.50 an hour and was guaranteed tip to cover such low pay-per-hour rate. The tip amount were nowhere near to cover even the minimum wage in the area. After taking a careful look at my pay stubs, I found out that they have been reporting as if I have worked less hours and was paid $5 an hour instead of the actual $1.50. Is it possible for me to sue this employer?

Asked on January 26, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can sue a former employer for violations of the Fair Labor Standard Act or other wage laws, such as for a failure to pay minimum wage. You would be entitled to the money you should have received, plus potentially additional compensation and attorney's fees. It would be worthwhile to consult with an employment law attorney--many provide free initial consultations--to evaluate your case and what it might be worth.


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