Minimum wage increases in New York State

January 4, 2017 Posted By Patricia Kakalec

The new year brings a higher minimum wage rate for New York State workers, as the minimum wage increased for workers statewide on December 31, 2016.    One big change is that the generally-applicable minimum wage rate now varies depending upon an employer’s size and an employee’s work location.   In addition, the higher minimum wage rate for workers at fast food chains with 30 or more locations (which could include locations outside of New York State) increased again on December 31st.

The new rates are as follows:

Fast food:

  • Fast food workers in New York City: $12 per hour
  • Fast food workers in other parts of the state: $10.50

Other industries:

  • Employees of New York City large employers (11 or more employees): $11 per hour
  • Employees of New York City small employers (10 or fewer employees): $10.50 per hour
  • Employees in Westchester & on Long Island: $10 per hour
  • Employees in the rest of New York State (“upstate”): $9.70 per hour

A few things to note:

  • For determining the size of a New York City employer, employees both inside and outside of New York City (during the prior or current calendar year) are counted.  But the New York City wage rate only applies to employees working in New York City.
  • All of the wage rates above depend on where an employee works, not where an employer is located.
  • If an employee works in multiple regions (say, New York City and Rockland County), an employer will comply with the law by either paying the higher rate for all work (in this example, New York City), or by paying the applicable minimum wage rate for each region for all work done in that region (for example, New York City rate for all hours worked in New York City, and the upstate rate for work done upstate).

Have questions about the new minimum wage law?   Give us a call at (212) 500-6114, or email Tricia Kakalec at pkakalec@kakalec-schlanger.com.

  • Categories:
  • Employment Law,