New York State Minimum Wage Increased for Upstate Employees and Related Developments | Hodgson Russ LLP
Beginning December 31, 2022, the minimum wage in upstate New York (all of New York State except Nassau, Suffolk and Westchester counties and New York City) will increase from $13.20 to $14.20 in hour. The minimum wage for employees in New York, Nassau, Suffolk and Westchester counties will remain at $15.00 an hour. Thresholds for tip credits; allowances for accommodation, food and communal services; and the uniform maintenance payment will also increase for state employees on December 31, 2022.
Fast food minimum wage
The minimum wage for employees working in fast food establishments anywhere in New York State will remain at $15.00 an hour. A fast food establishment is any business that meets the following criteria: it primarily serves food or drink; offers limited service where customers order and pay before eating; and is part of a chain of 30 or more locations. A fast food worker is an individual whose job duties include at least one of the following: customer service; cooking; preparation of food or drink; delivery; security; stock supplies or equipment; cleaning; or routine maintenance.
Minimum wage limits for exempt employees
Employees who are exempt from overtime pay under the executive and administrative exemptions must earn a certain minimum wage to maintain their exempt status. The minimum wage threshold for such exempt employees working in New York City will remain at $1,125.00 per week. The minimum wage threshold for such exempt employees working in Nassau, Suffolk or Westchester counties will increase from $1,050.00 per week to $1,125.00 per week on December 31, 2022. In addition, the State Department of Labor New York has proposed that the minimum wage threshold for such exempt employees working in upstate New York increase from $990.00 per week to $1,064.25 per week on December 31, 2022.
With respect to the occupational exemption, there is no minimum wage level requirement under New York law. However, there is a weekly minimum wage threshold under the federal Fair Labor Standards Act of $684.00, which went into effect on January 1, 2020.
Minimum Wage for Home Care Aides
The hourly minimum wage for home care workers in New York increased on October 1, 2022 to $17.00 an hour in New York City and Nassau, Suffolk and Westchester counties, and to $15.20 an hour for workers in such in upstate New York. However, on December 31, 2022, the minimum wage for home care aides in New York will increase to $16.20 an hour.
Next steps for employers
Employers must ensure that their policies and practices are in line with these new requirements.
