New York Minimum Wage

The minimum wage in New York City is $10.50 per hour for businesses with 10 or fewer employees, and $11.00 per hour for businesses with at least 11 employees. In Nassau, Suffolk, and Westchester counties, the minimum wage is $10.00 per hour. In the rest of the state, the minimum wage is $9.70 per hour. This applies to everyone except:

• Fast food employees; those in New York City have a minimum wage of $12.00 per hour, and those outside of New York City have a minimum wage of $11.75 per hour
• Service workers; in New York city, those who work for large employers (11+ employees) and who earn at least $2.40 per hour in tips have a minimum wage of $9.15; those who work for small employers (10 or fewer employees) and who earn at least $2.30 per hour in tips have a minimum wage of $8.75. In Nassau, Suffolk, and Westchester counties, those who earn at least $2.15 per hour in tips have a minimum wage of $8.35; in the remainder of the state, those who earn at least $2.10 per hour in tips have a minimum wage of $8.10
• Food service workers; in New York city, those who work for large employers (11+ employees) must earn at least $7.50 per hour and have wages totaling $11.00 per hour; those who work for small employers (10 or fewer employees) must earn at least $7.50 per hour and have wages totaling $10.50 per hour. In Nassau, Suffolk, and Westchester counties, they must earn at least $7.50 per hour and have wages totaling $10.00 per hour; in the remainder of the state, they must earn at least $7.50 per hour and have wages totaling $9.70 per hour
• Janitors in residential buildings have a minimum per unit per week wage that ranges from $6.45 to $7.35 depending on where in the state they work and whether they work for a large or small employer
• Piece rate workers must average at least as much as the minimum wage
• Employees who must buy and/or maintain uniforms are entitled to an additional amount in order to prevent them being paid less than minimum wage
• For agricultural workers, a certain amount may be deducted for employer-provided meals and/or lodging
• Executives and administrators in New York City who work for large employers (11+ employees) and earn more than $825 per week; and those who work for small employers (less than 10 employees) and earn more than $787.50 per week. Those who work in Nassau, Suffolk, and Westchester counties and earn more than $750 per week are exempted, as are those who work in the rest of the state and earn more than $727.50 per week)
• Outside salespeople
• Professionals, such as those with advanced degrees
• Taxi drivers
• Government employees
• Part-time babysitters
• Ministers, priests, and clerics
• Elder companions
• Interns
• Independent contractors

New York Meal Breaks

New York law states that factory workers are entitled to a one-hour lunch break, and that other employees (such as retail employees) are entitled to a 30-minute meal break for a shift of six or more hours. If your work hours include the hours between 11:00 a.m. and 2:00 p.m., your lunch break needs to fall between those hours. If you work more than eight hours, you’re entitled to a second meal period between 5:00 p.m. and 7:00 p.m. If you work swing or night shift (starting between 1:00 p.m. and 6:00 a.m.), you’re entitled to a one-hour meal break if you work in a factory and a 45-minute meal break if you work in retail. Your meal break must be in the middle of your shift.

New York Pay Days

New York law mandates that certain types of workers be paid at certain intervals. Manual workers, for example, are required to be paid at least weekly, clerical and other workers at least semi-monthly, and commissioned salespeople at least monthly.

To get the money you deserve, call Lemberg Law at 475-277-2200. Our employment lawyers will review your case and give you no-nonsense answers to your questions.