The current minimum wage for New York (except for fast-food workers) is as follows:
In New York City: $15
Remainder of downstate: $14
Rest of state: $12.50
The minimum wage for fast-food workers is:
In New York City: $15
Rest of the state: $12.75
The minimum wage (except for fast-food workers) will increase over the next few years in the following manner:
On December 31, 2021, the remainder of downstate increases to $15.
The New York Labor Commission will increase the minimum wage annually for the rest of New York State starting in 2021 until the minimum wage reaches $15.00. The increase will be announced by October 1 of each year.
New York employers are allowed to take tip credits toward their minimum wage obligations for service workers and food service employees.
The rates for service workers other than those at resort hotels are as follows:
In New York City: $12.50 cash wage, $2.50 credit, $3.25 tip threshold
Remainder of downstate: $11.65 cash wage, $2.35 credit, $3.05 tip threshold. (Increases to $12.50 cash wage, $2.50 credit, $3.25 tip threshold on Dec. 31, 2021.)
Remainder of New York State: $9.85 cash wage, $1.95 credit, $2.55 tip threshold. (Increases to $10.40 cash wage, $2.10 credit, $2.70 tip threshold on Dec. 31, 2020.)
The rates for food service workers are as follows:
In New York City employers with 11+ employees: $10.00 cash wage, $5.00 credit, $15.00 total
In New York City employers with 10 or fewer employees: $9.00 cash wage, $4.50 credit, $13.50 total
Remainder of downstate: $8.65 cash wage, $4.35 credit, $13.00 total. (Increases to $9.35 cash wage, $4.65 credit, $14.00 total on Dec. 31, 2020; Increases to $10.00 cash wage, $5.00 credit, $15.00 total on Dec. 31, 2021.)
Remainder of New York State: $7.85 cash wage, $3.95 credit, $11.80 total. (Increases to $8.35 cash wage, $4.15 credit, $12.50 total on Dec. 31, 2020.)
The rates for service employees at resort hotels are as follows:
In New York City: $12.50 cash wage, $2.50 credit, $8.40 tip threshold
Remainder of downstate: $10.74 cash wage, $2.15 credit, $7.30 tip threshold. (Increases to $11.65 cash wage, $2.35 credit, $7.85 tip threshold on Dec. 31, 2020; Increases to $12.50 cash wage, $2.50 credit, $8.40 tip threshold on Dec. 31, 2021.)
Remainder of New York State: $9.85 cash wage, $1.95 credit, $6.60 tip threshold. (Increases to $10.40 cash wage, $2.10 credit, $7.00 tip threshold on Dec. 31, 2020.)
Employers are allowed to require food service employees to participate in a tip pooling arrangement with a set percentage of tips being distributed to each occupation.
Employer-mandated tip pooling is not allowed for tipped employees outside of the foodservice industry, but a voluntary tip pool may be established.
Employers are required to pay an overtime rate of 1 ½ times the normal rate to non-exempt employees for all hours worked in excess of 40 hours in a workweek.
The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $684 per week, or $35,568 per year. Workers making at least this salary level may be eligible for overtime based on their job duties.
Hourly workers whose workday takes place over more than 10 hours are entitled to an extra hour’s pay. The 10 hours includes an off-duty time, meal breaks and time between shifts.
Employers are required to give meal breaks to all employees who work at least six hours.
Non-factory workers are entitled to a 30-minute lunch break between 11 a.m and 2 p.m. for shifts six hours or longer, or a 45-minute break midway through a shift of more than six hours that starts between 1 p.m and 6 a.m.
Factory workers are entitled to a 60-minute lunch break between 11 a.m. and 2 p.m. for shifts six hours or longer, or a 60-minute break midway through a shift of more than six hours that starts between 1 p.m and 6 a.m.
New York law requires that accommodations be made for employees who are lactating. Reasonable unpaid break time (or paid break time, meal time, or both) must be provided to employees to express breast milk for their nursing children.
Most employers, particularly those operating factories, hotels and restaurants, are required to provide employees at least 24 consecutive hours rest in any calendar week.
Before operating on Sunday, employers must notify each employee which day of the week they have for their day of rest. Unless otherwise exempted, employees may not work on their rest day.