The minimum wage in New York varies depending on the location and size of the employer. Here are key points regarding the minimum wage in New York:
- Statewide Minimum Wage: As of December 31, 2022, the statewide minimum wage in New York is as follows:
- For standard non-fast food and non-hospitality employees:
- Outside of New York City: $15.00 per hour.
- Inside of New York City: $15.00 per hour.
- In Nassau, Suffolk, and Westchester counties: $15.00 per hour.
- For fast food employees:
- Outside of New York City: $15.00 per hour.
- Inside of New York City: $15.00 per hour.
- For hospitality industry employees (with certain exceptions):
- Outside of New York City: $15.00 per hour.
- Inside of New York City: $15.00 per hour.
- For standard non-fast food and non-hospitality employees:
- Different Wage Rates: New York State has different wage rates depending on the location and industry. The rates mentioned above are the current general minimum wage rates, but there may be variations and exemptions for specific industries, certain employees, or small businesses. It is important for employers to be aware of the applicable minimum wage rates based on their location and industry.
- Tipped Employees: The minimum cash wage for tipped employees in New York State is lower than the general minimum wage. However, employers must ensure that the combined wages (cash wage plus tips) received by tipped employees meet or exceed the applicable minimum wage rate. If the total falls short, employers are responsible for making up the difference.
- Annual Adjustments: The minimum wage rates in New York are subject to periodic adjustments. These adjustments are typically announced by the New York State Department of Labor (NYSDOL) and take effect on December 31 of each year. It is advisable for employers to stay updated on any changes to the minimum wage rates.
- Compliance and Enforcement: Employers in New York are required to comply with the minimum wage laws. The NYSDOL is responsible for enforcing these laws and has the authority to investigate complaints, conduct audits, and take legal action against non-compliant employers.
Employers should ensure that they pay their employees at least the applicable minimum wage rate based on the location and industry. It is important to review and understand the specific requirements and exemptions that may apply. Employees who believe they are not being paid the minimum wage can file complaints with the NYSDOL or seek legal recourse.