Q: What is the New York State Minimum Wage?
A: From 12/31/2017 to 12/30/2018, the general Minimum Wage is $10.40 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.
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.
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:
|Location||Low Tip Credit*||First 40 hours per week, at least||After 40 hours per week, at least||High Tip Credit*||First 40 hours per week, at least||After 40 hours per week, at least|
|NYC – Large Employers (11 or more employees)||$1.95/hour||$11.05/hour||$17.55/hour||$3.20/hour||$9.80/hour||$16.30/hour|
|NYC – Small Employers (10 or fewer employees)||$1.80/hour||$10.20/hour||$16.20/hour||$2.95/hour||$9.05/hour||$15.05/hour|
|Long Island and Westchester County||$1.65/hour||$9.35/hour||$14.85/hour||$2.70/hour||$8.30/hour||$13.80/hour|
|Remainder of New York State||$1.55/hour||$8.85/hour||$14.05/hour||$2.55/hour||$7.85/hour||$13.05/hour|
Q: What is the cash wage for tipped employees working in the hospitality industry?
A: For tipped employees in the hospitality industry working outside of New York City, the cash wage rate is $7.50 per hour. For employees of NYC Large Employers, the cash wage rate is $8.65 per hour, and for employees of NYC Small Employers, it is $8.00 per hour.
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.
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.
Q: Will there be future increases in the Minimum Wage for Farm employees?
A: Yes. This rate will increase depending on your work location.
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.
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.
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.
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: $11 per hour regular rate = $16.50 per hour overtime rate.
|Regular rate:||$10.40 per hour|
|Overtime rate:||$10.40 x 1.5 =||$15.60 per hour|
|Wage rate for 40 hours:||$10.40 - $1.55 (tip credit) =||$8.85 per hour|
|Wage rate for 10 hours:||$15.60 - $1.55 (tip credit) =||$14.05 per hour|
|Wages due for the workweek:||$8.85 x 40 hours =||$354.00|
|$14.05 x 10 hours =||$140.50|
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 geographical region an employee works 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.
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.
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.govTo call us dial 1888-469-7365
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