2022 New York Minimum Wage | Horton Law SARL

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Do you know the minimum wage in New York in 2022? In fact, there are different minimum wages for different parts of the state and different industries. Employers must be ready before the end of the year to meet the new requirements that apply to their employees.

The New York minimum wage rates for 2022 are shaded in blue in the tables below. Note that changes take effect on the last day of the year, not January 1.

New York Standard Minimum Wage

The 2022 New York minimum wage varies by geographic location and sometimes by industry.

For most private employers, the 2022 New York minimum wage in the following table applies. This table also applies to non-teaching employees of public school districts or a BOCES. However, there is no minimum wage in New York for other employees of public (government) employers (but the federal minimum wage of $ 7.25 applies).

General scale of minimum wage rates
Site 12/31/20 12/31/21
NYC – Large employers (out of 11 or more) $ 15.00 $ 15.00
NYC – Small employers (10 or less) $ 15.00 $ 15.00
Long Island and Westchester $ 14.00 $ 15.00
Rest of New York State $ 12.50 $ 13.20

* Annual increases for upstate New York will continue until the rate hits a minimum wage of $ 15. Annual increases will be published by the labor commissioner by October 1. They will be based on percentage increases determined by the Director of the Budget Division, based on economic indices, including the consumer price index. The report on the increase as at December 31, 2021 is available here.

Minimum wage for tip employees in the hospitality industry

New York State has separate minimum wage rules for employees in the hospitality industry. These rules apply to businesses operating a restaurant or hotel.

Minimum wage rates for most non-tip employees in the hospitality industry are set according to the above scale. However, employers may count a portion of the tips of certain employee tips within the minimum wage requirements. This is called a “tip credit”.

New York State has two separate cash and tip credit salary schedules for tip hotel employees who qualify as “restaurant workers” and “service employees.”

Food service workers

A Food service worker means any employee whose main activity is to serve food or drink to guests, clients or clients of the hospitality industry who regularly receive tips. This includes waiters, bartenders, captains and bus personnel. It does not include delivery people.

Hospitality Industry Minimum Wage Rate Schedule (Food Service Workers)
Site 12/31/20 12/31/21
NYC – Large Employers
(on 11 or more)
$ 10.00 in cash

Tip of $ 5.00

$ 10.00 in cash

Tip of $ 5.00

NYC – Small Employers
(10 or less)
$ 10.00 in cash

Tip of $ 5.00

$ 10.00 in cash

Tip of $ 5.00

Long Island and Westchester $ 9.35 in cash

Tip of $ 4.65

$ 10.00 in cash

Tip of $ 5.00

Rest of New York State $ 8.35 in cash

Tip of $ 4.15

$ 8.35 in cash

Tip of $ 4.15

Service employees

The next schedule applies to others service employees. A service employee is an employee who is not a food service employee or fast food restaurant employee who usually receives tips above an applicable tip threshold (which also follows schedules, not shown here).

Hotel Industry Minimum Wage Rate Schedule (Service Employees)
Site 12/31/20 12/31/21
NYC – Large Employers
(on 11 or more)
$ 12.50 in cash

Tip of $ 2.50

$ 12.50 in cash

Tip of $ 2.50

NYC – Small Employers
(10 or less)
$ 12.50 in cash

Tip of $ 2.50

$ 12.50 in cash

Tip of $ 2.50

Long Island and Westchester $ 11.65 in cash

$ 2.35 tip

$ 12.50 in cash

Tip of $ 2.50

Rest of New York State $ 10.40 in cash

Tip of $ 2.10

$ 10.40 in cash

Tip of $ 2.10

Minimum Fast Food Wage

Employees who are not exempt from certain “fast food” restaurants are subject to a different minimum wage schedule.

This schedule applies to employees who work in covered fast food restaurants whose duties include at least one of the following: customer service, cooking, food or beverage preparation, delivery, security, storage of routine supplies or equipment, cleaning or maintenance.

These special New York minimum wage rates only apply to fast food restaurants that are part of a chain with at least 30 restaurants nationwide.

As of July 1, 2021, the minimum wage for fast food workers statewide is $ 15.00 an hour. No further increases are currently planned.

Note: No tip credit is available for fast food restaurant employees.

Overtime threshold

Along with New York’s minimum wage increases in 2022, the wage requirement to maintain certain overtime exemptions will also increase.

The pay threshold for New Yorkers executive and administrative the exemptions increase on December 31. These amounts are all above the federal Fair Labor Standards Act (FLSA) threshold of $ 684 / week. But most New York employers (other than government entities) must meet the higher New York threshold to ensure full overtime exemption.

There is no salary requirement for New Yorkers professional exemption. But employers must also meet the FLSA threshold for most professional employees. Doctors, lawyers and teachers do not have a salary requirement for the exemption.

Executive & Administrative Exemption weekly wage threshold schedule
Site 12/31/20 12/31/21
NYC – Large employers (out of 11 or more) $ 1,125.00 $ 1,125.00
NYC – Small employers (10 or less) $ 1,125.00 $ 1,125.00
Long Island and Westchester $ 1,050.00 $ 1,125.00
Rest of New York State $ 937.50 $ 990.00

Prepare now for the 2022 New York minimum wage

New York employers are expected to review their pay levels and make the necessary changes by December 31, 2021. The updates could result in an employee’s hourly wage increase or the reclassification of exempt employees to non-exempt employees. they no longer meet the exemption wage requirement.

And, remember, 2022 New York minimum wage rates only last a year in some cases. Businesses will have to revisit this next year (or sooner).


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