New York Minimum Wage
The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least the applicable hourly Minimum Wage rate. This requirement includes domestic workers and employees in the Nail Salon Industry. Regulations known as “Wage Orders” set certain requirements that are industry-specific. The rates contained in these Wage Orders may differ from the general Minimum Wage rate.
The New York State minimum wage increased on December 31, 2016. In New York City, it is $10.50 per hour for businesses with 10 or fewer employees, and $11.00 per hour for businesses with 11 or more employees. In Nassau, Suffolk and Westchester counties, it is $10.00 per hour. In the remainder of the state, it is $9.70 per hour. There are different hourly rates for workers in the fast food industry and those who receive tips. These rates remain in effect until December 30, 2017.
Minimum Wage Rates
The N.Y.S. Wage Order for Miscellaneous Industries and Occupations sets forth the following required minimum hourly wage rates for (i) employees not covered by an Industry specific Wage Order, and (ii) employees of nonprofitmaking institutions which have not elected to be exempt from coverage under a minimum wage order:
|General Minimum Wage Rate Schedule|
|NYC - Large Employers (of 11 or more)||$11.00||$13.00||$15.00|
|NYC - Small Employers (10 or less)||$10.50||$12.00||$13.50||$15.00|
|Long Island & Westchester||$10.00||$11.00||$12.00||$13.00||$14.00||$15.00|
|Remainder of New York State||$9.70||$10.40||$11.10||$11.80||$12.50||*|
* Annual increases for the rest of the state will continue until the rate reaches $15 minimum wage (and $10 tipped wage).
Starting 2021, the annual increases will be published by the Commissioner of Labor on or before October 1. They will be based on percentage increases determined by the Director of the Division of Budget, based on economic indices, including the Consumer Price Index.
Tips, Uniform Maintenance, Meal and Lodging Allowances
The Wage Order Summary for these allowances can be accessed at the following link.
If you have any questions or need more information concerning your specific wage and hour issues, please call us at (914) 949-2700 or use our email form to get in touch with New York Labor and Employment Attorneys.