New York Minimum Wage

If you work in New York, you’re entitled to at least a minimum hourly wage decided by the state. If your employer pays you less than this rate, you have legal standing to sue for compensation. Lemberg Law is committed to getting you the wages you deserve.

The current minimum wage is $16 per hour in New York City, Nassau County, Suffolk County, and Westchester County. If you work elsewhere in the state, the minimum wage is $15 per hour. This piece will help you navigate the two different wage rates and what they might mean for you. It will also cover the protections you receive under the Wage Theft Protection Act.

Minimum Wage Rates

In New York state, the minimum wage varies depending on your location. If you work in New York City, Nassau County, Westchester County, or Suffolk County, the minimum wage is $16 per hour. The minimum wage for the remainder of the state is $15 per hour.

Furthermore, the minimum wage across the state is set to rise by $0.50 per year for the next couple of years. Starting in 2027, the minimum wage will rise each year. The raise will be based on the three-year average from the Consumer Price Index. This index is for Urban Wage Earners and Clerical Workers (CPI-W). It will use the index for the Northeast Region.

Minimum Wage for Tipped Employees

Wages for tipped employees are split into a cash wage and a tip credit. The cash wage is paid by the employer and the tip credit is based on an expected amount of tips that the employee will receive. If the cash wage plus the employee’s tips don’t add up to the minimum wage, the employer pays the difference.

In New York City or Nassau, Suffolk, and Westchester Counties:

• Tipped Food Service Employee: cash wage of $10.65 and tip credit of $5.35
• Tipped Service Employee: cash wage of $13.35 and tip credit of $2.65

In the rest of New York State:

• Tipped Food Service Employee: cash wage of $10.00 and tip credit of $5.00
• Tipped Service Employee: cash wage of $12.50 and tip credit of $2.50

What Happens if I Work in Both of These Wage Rate Zones?

Depending on the nature of your job, you might work within New York City on some days and outside of it on others. If this is the case, you might be curious about your pay rates. New York law says you are paid at the rate of whichever county you did the work in.

Let’s say you worked 20 hours each in New York City and Poughkeepsie over a week:

• You will receive $320 for your work in New York ($16 x 20=$320), and
• $300 for your work in Poughkeepsie ($15 x 20=$300).

Exempt Employees

Salaried workers are exempt employees. They make a certain fixed weekly amount of money. The amount depends on where in New York you work. In New York City and the rest of Downstate, it is $1,200 weekly. In the rest of the state, that amount is $1,124.20.

Exempt employees primarily function in a capacity where they make high-impact decisions by using their judgment (such as hiring, firing, promoting, etc.). To qualify as exempt employees, they must spend the majority of their day tending to these matters.

Employer Violations of Exempt Employees

Because exempt employees have a fixed salary, they cannot collect overtime pay. As a result, employers may take advantage of those with exempt employee status. For example, employers often intentionally misclassify their workers as exempt employees.

This allows employers to avoid paying their workers overtime at the expense of employees having their overtime pay taken away. If this has happened to you, Lemberg Law is here to help you get your money back.

Wage Theft Protection Act

In 2011, New York State passed the Wage Theft Protection Act. This act mandates your employer to provide you with a pay notice. These pay notices must include…

• Pay rate (including overtime, if applicable);
• How to pay the rate (daily, weekly, etc.);
• When your pay day is;
• The Doing Business As (DBA) name of your employer;
• Contact information of the employer (address, phone number, etc.); and
• Any allowance towards the minimum wage (tips, meals, lodging, etc.)

What We Can Do To Help You

At Lemberg Law, we’re committed to getting you the fair wages you deserve. Just call the Lemberg Law hotline or fill out a contact form. We will evaluate your case for free as soon as we can. Get in touch with our expert wage protection team today to win back the money you’re owed.