The New York State minimum wage rates and minimum overtime-exempt salary levels for employees working outside of New York City will increase on December 31, 2021. New York State employers with employees working in the State and outside of New York City should review the changes and make the necessary adjustments to ensure they are in compliance with the new requirements when they become effective.
New York State’s minimum hourly wage rates for non-fast-food workers outside of New York City will increase on December 31, 2021, as follows:
As of July 1, 2021, the minimum hourly wage rate for fast-food workers statewide is $15.00 per hour.
New York State’s minimum hourly wage rates for “tipped employees” in the hospitality industry (food service workers and service employees) in Nassau, Suffolk and Westchester counties will increase on December 31, 2021, as follows:
New York State’s minimum salary levels for overtime-exempt executive and administrative employees will increase on December 31, 2021, as follows:
New York State does not have a minimum salary level for professional employees. Therefore, employers that wish to treat such employees as exempt from overtime must pay the federal minimum salary level of $684 per week ($35,568 annually), unless an exemption from the minimum salary level otherwise applies.
Additional Assistance
For further assistance, please contact any of the attorneys on our Labor & Employment Practice Team or the Phillips Lytle attorney with whom you have a relationship.
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