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minimum wage

New Minimum Wages Come to New York

Now that we have entered 2017, there are six different hourly new minimum wages in effect in New York State. The one applicable to you, as an employer or an employee, depends on the location and size of the employer.

As defined by this chart from the New York State Department of Labor (“DOL”), here in Orange County and in most of the Hudson Valley, the new minimum wage increased to $9.70. It will increase to $10.40 for 2018, and continue to increase each year until it reaches $12.50 for 2021. Thereafter, the Commissioner of Labor will determine minimum wage increases based on the rate of inflation.

Location 12/31/16 12/31/17 12/31/18 12/31/19 12/31/20 2021*
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 *

General Minimum Wage Rate Schedule

While there is a general minimum wage, there are also several industry-specific minimum wages.

Farming Industry Minimum Wage

The farming industry has a new set of wages that applies on farms where the total cash remuneration paid to all persons employed on the farm exceeded $3,000 in the previous calendar year. You can find details here https://labor.ny.gov/formsdocs/wp/Part190.pdf

Hospitality Minimum Wage

Wages for the hospitality industry, including hotels, resorts, restaurants, and fast food establishments, can be found here https://labor.ny.gov/formsdocs/wp/CR146.pdf. The regulations are lengthy and detailed and include regulations on mandatory uniforms, tips, and employees who receive meals or lodging as part of their compensation.

There are also changes for those who earn tips including food service workers, hotel workers, food delivery workers, barbers and hairdressers, aestheticians, golf or tennis instructors, valet parking attendants, and car wash employees. In New York, as in several other states, employers can take a “tip credit”, which means they can pay less than the minimum wage, as long as the tips received by the employee bring his or her earnings up to the minimum wage or more. More information is available here https://labor.ny.gov/formsdocs/factsheets/pdfs/p717.pdf

Building Service Minimum Wage

Wages for employees in the building service industry, such as maintenance workers and janitors, can be found here https://labor.ny.gov/formsdocs/wp/Part141.pdf

Minimum Wage Calculator

If you are unsure of what the minimum wage is for your business, you can look it up using this calculator:  https://labor.ny.gov/minimum-wage-lookup/

 

Remember that all employers are required to post a minimum wage information poster in their business establishment. A new poster will now be required, which can be obtained from DOL and from other publishers.

The DOL enforces wage and hours laws. An employer that violates the minimum wage law can be subject to criminal prosecution and may be required to pay underpayments, liquidated damages, interest, and penalties up to 200 percent of the unpaid wages.

Be sure to consult with your payroll service advisor to ensure compliance with these new changes.


Gerald N. Jacobowitz, Jacobowitz and Gubits, LLPGerald N. Jacobowitz is a Senior Partner and practices Business and Estate law. He can be reached by phone at 866-303-9595 toll free or 845-764-9565 and by email.

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