What is the current minimum wage in New York State?
For covered employees, the New York State Minimum Wage rate is $5.15 per hour. This amount may be modified based upon a number of factors. For example, food service workers who earn at least $1.85 per hour in tips may be paid at a minimum wage rate of $3.30 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a "Wage Order", which addresses the unique aspects of each industry or occupation.
For uptodate minimum wage information and links to the "Wage Order" rates and allowances relevant to your industry, go to:
www.labor.state.ny.us/business_ny/employer_responsibilities/workprot/mwincrease.htm.
Exceptions to the minimum wage requirements are:
- Executives and administrators earning more than $386.25 per week
- Professionals
- Outside salespersons
- Taxicab drivers
- Government employees (However, certain nonteaching employees of BOCES are covered)
- Parttime babysitters
- Companions to the sick or elderly who live in their employer's home and whose principal duties do not include housework
- Ministers and members of religious orders
- Volunteers, learners, apprentices and students working in nonprofit institutions
- Students obtaining vocational experience
Independent Contractors people who are in business for themselves are not considered "employees" and are not covered by the minimum wage requirements. These are the major exclusions. For a more complete listing, go to:
Other New York Labor and Employment FAQs
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What is the law regarding overtime?
Covered employees who work overtime must be paid at a rate that is one and onehalf times their regular hourly rate of pay. For nonresidential employees, … more -
Must my employer provide for rest and/or meal periods?
Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour … more -
Must an employer pay employees for holidays, sick time and/or vacations?
Payment for holidays, sick time or vacation is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a … more -
Can an employee be fired without due cause?
Yes. New York State is an "employmentatwill," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has … more -
When is the last check due to a terminated employee?
When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. more -
How can employees obtain assistance in collecting wages owed to them by their employer?
Employees who are owed wages may obtain assistance in collecting the monies due to them by contacting their nearest Labor Standards Office and filing a "Claim for … more -
How do I apply for unemployment insurance?
You should apply for UI benefits using the new online application or through the automated TELCLAIM system by calling the TELCLAIM Center (TCC) at … more -
How do I qualify for unemployment benefits?
To qualify for benefits: You must have worked and been paid wages for employment in at least two calendar quarters in your base period; AND You must have been paid at … more -
How is my weekly benefit rate determined?
Your original benefit rate is calculated on your actual high quarter wages. Your weekly benefit rate is one twentyfifth (1/25) of your high quarter wages. Wages … more -
How do I claim my weekly benefits?
The office where you file your claim will give you instructions on how to certify for benefits by telephone, or possibly by mailing your coupon. You will receive an … more
Labor and Employment Sub-categories
