The Minimum Wage is the minimum amount of payment an employer must pay an employee for services rendered over a specific period unless the business or employee is exempt from this amount under state or federal law. This minimum payment cannot be altered or decreased by individual contracts or group agreements.
Minimum Wage laws ensure that everyone gets their equal and fair share of the benefits of growth and a living wage for the employed and those who need such protection.
States in the USA have different minimum wages. If you're thinking of migrating to New York for work or other reasons connected to your profession, read the entire article.
Minimum Wage in New York
Currently, in 2023, New York's minimum wage is $14.20/Hour.
Daily/ Weekly / Yearly Minimum Wage
A full-time minimum wage employee in New York in 2023 will make $113.60/Day, $568.00/Week, and $29,536.00/Year, working 8 Hours per day, 40 hours per week for 52 weeks.
Overtime Minimum Wage
The minimum overtime pay is $21.3 per hour. Employees who work more than 40 hours per week are entitled to at least 1.5 times the standard applicable minimum wage.
Farm laborers, nannies, salespeople, cab drivers, camp counselors, and college students are not subject to New York's overtime rules. Employers in the building services sector, non-profit organizations, restaurants, and domestic workers are subject to different overtime compensation regulations.
How is New York's Minimum Wage Different from the Federal Minimum Wage?
The Federal Minimum Wage is $7.25/Hour, and many states have a higher minimum wage. The minimum wage of $14.20/Hour in New York makes it one of 29 US states with a minimum wage of $6.95 more than the Federal Minimum Wage.
Local Minimum Wages
The minimum wage rate laws in New York are different based on industry and location.
Except for New York City, Westchester County, and Long Island, employers of all other cities in New York state pay $14.20/Hour as minimum wage.
For both small (10 or fewer employees) and large firms (11 or more employees) in New York City, the minimum wage is $15 per hour.
Westchester County and Long Island both have a $15 minimum wage.
You can easily look up your Minimum Wage from here.
Who Qualifies for Minimum Wage?
With a few notable exceptions, such as tipped workers, some student workers, and some exempt occupations, the majority of employees in New York are entitled to the minimum wage.
Who is Exempt from Receiving Minimum Wage?
Certain employees are excluded from the Minimum Wage under Federal and State laws. Employees must fulfill specific conditions to be eligible for the exemption.
The following list of workers in Massachusetts are exempt from both Federal and State minimum wage laws:
- Minors
- External sales personnel (no minimum salary requirement)
- Highly paid workers (those making at least $107,432/year)
- Employees in management and administration, as well as academics and creative professionals making at least $1,125 each week
- Employees of certain religious, non-profit, or educational institutions
- Employees who work with computers make $1,125 per week or at least $28.125 per hour.
Subminimum Wage
- Minimum Wage for Employees Under 20 Years of Age (Minors and Young Workers) - $4.25/hour - Under Federal law, a new employee (under 20 years of age) is paid a training wage of $4.25/Hour for the first 90 days of employment. After the first 90 days, the employee's salary will increase to the full minimum wage (or, if earlier, when the employee turns 20 years of age).
- Minimum Wage for Full-Time and Vocational Students- $11.22/Hour. Full-time high school or college students who work part-time may be paid 85% of the state minimum wage (as little as $11.22 per hour) for up to 20 hours per week at certain employers, including work-study programs at universities.
- Minimum Wage for Agricultural Workers - $14.20/hour.
- Minimum Wage for Tipped Employees - According to the state of New York, tipped workers are classified as: (i) Service employees, (ii) Workers in the Food Service Industry
Both groups are eligible for the state's $15.00 tipped minimum wage from the beginning of 2020.
For instance, Long Island residents working in the food service industry can get $10.00 in cash pay plus an additional $5.00 in tip credit to meet the tipped minimum wage requirements.
Except for Long Island, Westchester County, and NYC, all other locations of New York state where the minimum wage has yet to reach the prime objective of $15.00 must have a minimum cash salary of $10.00.
Look at the following table to get a clear idea:
Location/Type of Employment | The rest of New York State | NYC | Long Island and Westchester County |
Service employees | $11.00 cash wage $3.20 tip credit | $12.50 cash wage $2.50 tip credit | $12.50 cash wage $2.50 tip credit |
Food service workers | $8.80 cash wage $5.40 tip credit | $10.00 cash wage $5.00 tip credit | $10.00 cash wage $5.00 tip credit |
Only the employee is entitled to the tips, and the employer has no control over the tips.
New York Break Laws
According to state law, every employee in New York, whether they work for the public or private sector, is entitled to a meal break. All lunch and rest breaks in New York are divided into three categories by Section 162 of the labor regulations depending on the employee's line of work.
- Factory Workers: If a factory worker in New York is working the first-morning shift, they are entitled to a 60-minute meal break. It is possible to take a break between 11:00 and 2:00. Employees may take the specified break halfway through their shift if they begin between 1:00 p.m. and 6:00 a.m. The condition is that they put in at least six hours of work time.
- Non-factory Workers: Non-factory workers are subjected to the exact requirements, except for the break duration. If they're working the first shift, the lunch break will last for 30 minutes, and the midway breaks will last for 45 minutes.
- All Workers (including Factory and Non-factory workers): If the workday started before 11:00 a.m. and lasted after 7:00 p.m., all workers are entitled to an additional 20-minute break between 5:00 p.m. and 7:00 p.m.
The option of paying for the breaks is up to the employer. On the other hand, the break will be compensated if the person works through a meal.
On the employer's request, the Commissioner of Labor and Industry may provide a permit to reduce mealtimes. It may occur if the employer experiences excessive burdens due to the length of the breaks or any other unique situations.
New York Payment Laws
All employers in the state of New York are required to offer a particular frequency of payments, depending on the job their employees undertake, by section 191 of New York state regulations.
The table below shows how often different occupations get paid:
- Manual workers
1.1. For-Profit Businesses: Once per week
1.2. For Non-Profit Organizations: Twice per month
- Railroad workers: Weekly on every Thursday
- Commission salespersons: Should be paid accordingly per month, and payment must be made within the month.
- Executives, administrators, and professionals: Not Applicable
- Clerical and other workers: Payment can be made in a max of 2 payments/month.
Minimum Wage in New York 2023
The location and size of the organization determine the New York minimum wage. Here is a brief breakdown of the non-tipped minimum wage:
- Businesses in New York City (NYC) with fewer than ten workers: $15 per hour as of December 31, 2022
- $15 per hour for NYC companies with 11 or more employees
- Businesses in Nassau, Suffolk, and Westchester counties with any size workforce: $15
- From December 31, 2022, the rest of New York State will pay $14.20 an hour.
History of Minimum Wage in New York State
The history of New York's minimum wage since 2016 is shown in the table below.
Location | 12/31/16 | 12/31/17 | 12/31/18 | 12/31/19 | 12/31/20 | 12/31/21 |
NYC - Big Employers (11 or more employees) | $11.00 | $13.00 | $15.00 | $15.00 | $15.00 | $15.00 |
NYC - Small Employers (10 or fewer employees) | $10.50 | $12.00 | $13.50 | $15.00 | $15.00 | $15.00 |
Long Island & Westchester | $10.00 | $11.00 | $12.00 | $13.00 | $14.00 | $15.00 |
The remainder of New York State Workers | $9.70 | $10.40 | $11.10 | $11.80 | $12.50 | $13.20 |
FAQ
1. What is the minimum wage in NY?
The NY minimum wage of $13.20 per hour is the lowest amount a non-exempt employee can legally be paid per hour of work.
2. How much can I make in New York working a minimum-wage job?
A Full-Time Minimum Wage employee in New York in 2022 will make $105.60/Day, $528.00/Week, and $27,456.00/Year, working 8 Hours per day, 40 hours per week for 52 weeks.
3. What is the Minimum Wage for Minors in New York?
Employers in New York may pay minors at least $4.25/Hour for the first 90 days of employment under youth minimum wage laws. It serves as training.
