| Other Posting Requirements New York State Minimum Wage is $7.25/Hour New Wage Order Rates and Allowances Effective July 24, 2009. With the increase in minimum wage, many of the rates for tips, uniform maintenance, meals, lodging, and executive & administrative exemption have also increased proportionally, rounded off to the nearest nickel. Click on either the full text of the Wage Orders for the Building Service, Restaurant, Hotel, Miscellaneous and Farm industries, or the summary of wage order rates and allowances. Exception: while the Farm minimum wage went up, there have been no changes in the other rates and allowances on farms. NYS Minimum Wage Laws NEW YORK STATE MINIMUM WAGE LAWS MINIMUM WAGE ACT (GENERAL EMPLOYMENT) The General Industry Minimum Wage Act states that all employees in New York State, including most domestic workers, must be paid at least $7.25 per hour. The basic rate may be modified by certain requirements set under regulations known as “wage orders.” These provisions of the minimum wage law cover jobs in the restaurant, hotel, and building service industry, and miscellaneous industries and occupations. They set an hourly rate plus overtime and allowances in four General Industry Wage Orders, based on meals and lodging supplied by an employer. Some industries make allowances for tips, thus they set a lower hourly rate. For example, food service workers may earn $4.65 per hour because their total compensation includes expected tips. When required uniforms are maintained by the worker, certain allowances also apply. Other service workers have a minimum rate of $5.50 per hour. There are also allowances for meals and lodging supplied by an employer. To print the following Wage Order Rates and Allowances, you will need an installed copy of Adobe Acrobat Reader ® which is available for no charge from Adobe. The Minimum Wage Orders and Summaries reflecting the July 24, 2009 changes are listed below. These documents are also available from the Forms and Publications link on the left hand navigation bar. Full text of the Minimum Wage Order for the Building Service Industry Full text of the Minimum Wage Order for the Restaurant Industry Full text of the Minimum Wage Order for the Hotel Industry Full text of the Minimum Wage Order for Miscellaneous Industries and Occupations Full text of the Minimum Wage Order for Farm Workers Employers must post a Minimum Wage Information poster in their establishment. The Minimum Wage Order for Farm Workers applies only to farm workers employed on farms where the total cash remuneration paid all persons employed on the farm exceeded $3,000 in the previous calendar year. Under this wage order, all workers, with certain exceptions, must receive $7.25 per hour. It excludes immediate family and 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 permits deductions for meals and lodging supplied by an employer, except for lodging for seasonal migrant workers. Payments in kind may be permitted at not more than the farm market value. Employers must post a summary of the wage order in a conspicuous place in their establishment, along with a copy of the general work agreement. The wage order permits specified allowances to be deducted from the minimum wage for meals and lodging supplied by an employer. However, an allowance for lodging is not allowed. The Department of Labor helps collect underpayments for workers who have not received the minimum wage. Generally, the department recovers the funds without resorting to court action. 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 interest and civil penalties up to 200 percent of the unpaid wages in addition to minimum wage underpayments. MINIMUM WAGE FOR EMPLOYEES COVERED BY FEDERAL LAW Top of Page Employees covered by the Federal Fair Labor Standards Act have the full protection of the |
