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Minimum Wages

As of Dec. 31, 2013, New York State's minimum wage has increased to $8 per hour. If you have questions, please review our Frequently Asked Questions. If you need additional assistance or to file a complaint, please call: 1-888-4NYSDOL (469-7365).

Minimum Wage Increase

Beginning December 31, 2013, New York State’s minimum wage increased in a series of three annual changes as follows:

$8.00 on 12/31/13

$8.75 on 12/31/14

$9.00 on 12/31/15

On this page you can find updated posters, summary rate sheets and FAQs.  Check back frequently for other updates as the increases take effect.

The Minimum Wage regulations showing proposed changes are posted on the Department of Labor’s website under Legal Updates:

Pay special attention to the “Part number” of the New York Codes, Rules and Regulations (“NYCRR”) to be sure you reference the correct document for the industry you seek: 12 NYCRR Part 141 (building service), Part 142 (miscellaneous industries), Part 143 (nonprofit) and Part 146 (hospitality).

NOTE:  Underlined items show the proposed rate changes to allowances or credits which result from the increase in the State Minimum Wage rate. No changes are proposed for rules such as recordkeeping requirements.

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The minimum wage in New York State is presently $8.00/hour, with few exceptions. Employers must post a Minimum Wage Information poster in their place of work.

Other Posting Requirements
Minimum Wage Poster
Farm Minimum Wage Poster
Child Performer Regulations
Minimum Wage Standards for Farm Workers
Enforcement of Minimum Wage Laws
Minimum Wage for Employees Covered by Federal Law
Educational Seminars

New York State Minimum Wage Laws

Minimum Wage Act (General Employment)

The General Industry Minimum Wage Act states that employers must pay all employees in New York State, including most domestic workers, at least $8.00 per hour.

Certain requirements set under regulations known as “wage orders” may modify the basic rate.

Wage orders are provisions of the minimum wage law that cover jobs in:

  • The hospitality and building service industry
  • Miscellaneous industries and occupations
  • Farming

They set an hourly rate plus overtime and allowances in four General Industry Wage Orders, based on meals and lodging supplied by an employer. You can get these documents at the Forms and Publications link (see left-side navigation bar).

Some industries make allowances for tips; thus they set a lower hourly rate. For example, food service workers may earn $5.00 per hour because their total compensation includes expected tips.

When the worker must maintain required uniforms, certain allowances also apply.

Other service workers have a minimum rate of $5.65 per hour.

There are also allowances for meals and lodging supplied by an employer.

Guidance for the New York State Hospitality Industry on Uniforms

Minimum Wage Order for the Hospitality Industry

Summary of Minimum Wage Changes Contained in the Hospitality Wage Order

Full text of the Minimum Wage Order for the Building Service Industry
Summary of Wage Order Rates and Allowances for the Building Service Industry

Full text of the Minimum Wage Order for Miscellaneous Industries and Occupations
Summary of Wage Order Rates and Allowances for Miscellaneous Industries and Occupations

Full text of the Minimum Wage Order for Farm Workers

Full text of the Minimum Wage Order for Non-Profitmaking Institutions

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Minimum Wage Standards for Farm Workers


The Minimum Wage Order for Farm Workers applies only to farm workers employed on farms that paid over $3,000 to workers in the previous calendar year.

Under this wage order, all workers must receive $8.00 per hour, with few exceptions. It excludes:

  • Immediate family
  • Minors under 17 years of age

- employed on the same farm as their parents or guardians

- who are paid on a piece-rate basis at the same rate as employees over 17

The wage order allows employers to deduct for meals and lodging, except for lodging for seasonal migrant workers. See the wageorder for specific allowances. If employers make payments in kind, they may not charge more than the farm market value.

Employers must post a summary of the wage order where it is visible to workers, along with a copy of the general work agreement.

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Enforcement of Minimum Wage Laws 

We help collect underpayments for workers who have not received the minimum wage. Often, we collect the funds without resorting to court action.

However, an employer that violates the Minimum Wage Law is subject to criminal prosecution and penalties. Action may also be taken in civil court.

The Commissioner of Labor may require an employer to pay:

  • Minimum wage underpayments

PLUS

  • Interest and civil penalties up to 200 percent of the unpaid wages

 

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Minimum Wage for Employees Covered by Federal Law 

Employees covered by the Federal Fair Labor Standards Act remain covered by the New York State minimum wage orders, including their supplemental wage provisions. Employers must comply with the State and with the Federal law, which may result in a higher minimum wage. In all cases, the higher wages apply.

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Educational Seminars 

The Division of Labor Standards offers free educational seminars to employers doing business in New York State.

What's in it for me???

  • Each year Labor Standards responds to thousands of employee complaints of unpaid wages and benefits, illegal employment of children, meal period violations and more.
  • The New York State labor law can be very complicated and it is easy for employers to make a mistake. Many honorable employers are found to owe back wages and penalties that turn out to be quite costly.
  • A Division of Labor Standards Educational Seminar may help an employer avoid the cost and inconvenience of a Labor Standards Investigation. The seminar is designed to teach employers how to avoid being in violation of labor laws.
  • While the labor law covers all areas/types of employment, we can tailor an Educational Seminar to the industry of those attending.
  • We can design a seminar for a specific company, allowing the company to include the seminar in scheduled corporate training sessions for managers or company meetings at a specific location.
  • The Division of Labor Standards will provide Educational Seminar information in brochures, booklets and Powerpoint presentations at no cost to an employer.

For more information on Educational Seminars please call:

518-457-9000

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