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All Other Industries: Frequently Asked Questions

Q: Where can I find information on the Minimum Wage for Fast Food Workers?

A: For information on the Minimum Wage for Fast Food Workers, see our Frequently Asked Questions.
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Q: What is the New York State Minimum Wage?

A: From 12/31/2016 to 12/30/2017, the general Minimum Wage is $9.70 per hour in most of New York State.   There are different Minimum Wage rates depending on the geographical region an employee works in, the industry and the size of the employer.
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Q: Are future increases in the Minimum Wage expected?

A: Yes.  The Minimum Wage rates are scheduled to increase each  year on 12/31 until they reach $15.00 per hour.


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Q: Are all employees who work in New York State entitled to increases in the Minimum Wage?

A: Almost every person who works in New York State is covered by the Minimum Wage Law and Regulations, and must be paid accordingly.
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Q: What is the cash wage for tipped employees working in non-hospitality industries, such as nail technicians, or car wash attendants?

A: For employees such as beauty service workers, or car wash attendants, the cash wage amounts are indicated in the following chart:

LocationLow Tip Credit*First 40 hours per week, at leastAfter 40 hours per week, at leastHigh Tip Credit*First 40 hours per week, at leastAfter 40 hours per week, at least
NYC – Large Employers (11 or more employees) $1.65/hour $9.35/hour $14.85/hour $2.70/hour $8.30/hour $13.80/hour
NYC – Small Employers (10 or fewer employees) $1.60/hour $8.90/hour $14.15/hour $2.55/hour $7.95/hour $13.20/hour
Long Island and Westchester County $1.50/hour $8.50/hour $13.50/hour $2.45/hour $7.55/hour $12.55/hour
Remainder of New York State $1.45/hour $8.25/hour $13.10/hour $2.35/hour $7.35/hour $12.20/hour

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Q: What is the cash wage for tipped employees working in the hospitality industry?

A: For tipped employees in the hospitality industry, the cash wage rate is $7.50 per hour.
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Q: Will there be future increases in the cash wage for Tipped Workers?

A: Yes.  There will be future increases in the cash wage for tipped employees in all industries.  These increases will depend on the industry you work in and your work location.
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Q: What is the Minimum Wage for Farm employees?

A: The general Minimum Wage rate applies to Farm employees.  However, there have not been any increases in allowances for meals and lodging.
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Q: Will there be future increases in the Minimum Wage for Farm employees?

A: Yes.  This rate will increase depending on your work location.
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Q: What is the Minimum Wage for Building Service employees?

A: The general Minimum Wage rate applies to Building Service employees.  See the Summary of Rates and Credits for the Building Services Industry for specific unit rates and minimum weekly salary amounts for janitors in residential buildings.
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Q: What are the rates for meals and lodging I provide to my employees?

A: The rates for meals and lodging are different depending on the Industry.  See the Summary of Rates and Credits for your Industry for details.
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Q: Do I have to pay extra to employees who work a split shift or a shift that extends over 10 hours?

A: Yes. The split shift and spread of hours pay is equal to 1 hour at the MW rate. For each workday that an employee works a split shift or a shift which extends over 10 hours, this "extra" pay is due.  
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Q: How is the overtime rate determined?

A: The general overtime rate of pay is 1½ times an employee’s regular rate of pay, with few exceptions.  For example: $10 per hour regular rate = $15.00 per hour overtime rate.

For tipped employees earning a cash wage less than the Minimum Wage, the overtime rate is always 1½ times the Minimum Wage rate, minus the applicable tip credit. To calculate the overtime pay for a tipped employee who earns $8.25/hr for non-overtime hours, and who works 50 hours per week, you would do the following:

Regular rate:   $9.70 per hour
Overtime rate: $9.70 x 1.5 = $14.55 per hour
Wage rate for 40 hours: $9.70 - $1.45 (tip credit) = $8.25 per hour
Wage rate for 10 hours: $14.55 - $1.45 (tip credit) = $13.10 per hour
Wages due for the workweek: $8.25 x 40 hours = $330.00
  $13.10 x 10 hours = $131.00
  Total = $461.00

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Q: Do I have to pay more to employees who clean their own uniforms?

A: Yes, you must pay a uniform maintenance rate.  This rate depends on the number of hours an employee works per week, and the Industry you are in.  See the Industry Summary Rate sheets for details.  We also have a guidance document LS 400 for more information about uniforms and the 'wash and wear' exemption for the Hospitality Industry.

 
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Q: Do I need to provide a new pay notice when there is an increase in the Minimum Wage rate?

A: No, as long as the increase is shown on the employee's wage statement (pay stub).  However, for employees in the Hospitality Industry, you must provide a new pay notice with every pay rate change.


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Q: Where can I get more information and posters?

A:

For copies of the Industry Wage Orders, Summary of Rate and Credits, and required posters visit our main web page.

If you would like to e-mail us, write to: LSAsk@labor.ny.gov

To call us dial 1888-469-7365
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