HR Compliance

2018 New York Employers Minimum Wage Rate Chart

CJC HR News, Legislative Updates

Have you updated your employer compliance posters lately? With so many changes affecting New York State and New York City Employers, the time is now. Find the most current wage information and guidelines below.

 

Government

 

Current Minimum Wage(s)

Future Minimum Wage(s) Beginning December 31, 2018
State of New York  

·       Generally $10.40 per hour

·       For fast food workers, $11.75per hour

 

·       $11.10 per hour

·       For fast food workers, $12.75 per hour

 

New York City  

·       For employers with 11 or more employees, $13.00 per hour

·       For employers with 10 or fewer employees, $12.00 per hour

·       For fast food workers, $13.50per hour

 

 

·       For employers with 11 or more employees, $15.00 per hour

·       For employers with 10 or fewer employees, $13.50 per hour

·       For fast food workers, $15.00 per hour

 

Westchester County  

·       Generally $11.00 per hour

·       For fast food workers, $11.75per hour

 

 

·       $12.00 per hour

·       For fast food workers, $12.75 per hour

 

Nassau County  

·       Generally $11.00 per hour

·       For fast food workers, $11.75per hour

 

 

·       $12.00 per hour

·       For fast food workers, $12.75 per hour

 

Suffolk County  

·       Generally $11.00 per hour

·       For fast food workers, $11.75per hour

 

·        $12.00 per hour

·       For fast food workers, $12.75 per hour

Special Note on Tipped Employees: Under state law, a specified allowance may be credited toward the minimum wage for tips earned. The general minimum wage for all tipped workers in the hospitality industry is $7.50 per hour. Employers must give careful attention to the applicable wage order to ensure they take the appropriate credit/allowance. Click here for more information, including specific rates.

New York Wage Notification Requirements

The New York Wage Theft Prevention Act addresses the failure by some employers to pay statutorily mandated minimum wages and overtime by amending the New York Labor Law to require annual notifications of wages, expand employee notifications, enhance available remedies for wage law violations, and strengthen whistleblower protections. Highlights of the law are outlined below.

Notice and Recordkeeping Requirements

Employers are required to provide employees, at the time of hiring, a notice containing the following information:

  • The rate(s) of pay (including the regular hourly and overtime rates of pay for employees not
  • exempt from overtime pay) and the basis of the wage payment, such as hourly, shift, daily,
  • weekly, salary, piece or commission;
  • Any allowances claimed as part of the minimum wage, including tip, meal, or lodging
  • allowances;
  • The regular pay day designated by the employer; and
  • The name (including any “doing business as” names) used by the employer, along with the
  • physical and mailing addresses and telephone number of the employer’s main office or principal
  • place of business.

This notification must be provided in writing, in English and in the language identified by each employee as his or her primary language. Additionally, the employer must obtain a signed and dated written acknowledgement of receipt of this notice from each employee (in English and in the employee’s primary language) each time such notice is provided. This acknowledgement must include an affirmation by the employee that the employee accurately identified his or her primary language to the employer, and that the notice provided by the employer was in that language (or as otherwise required under the law). Employers are required to maintain this acknowledgement for 6 years.

Under the law, the New York State Department of Labor is responsible for preparing dual-language templates that comply with these requirements. Model notices are now available by clicking here.

Employers are also required to notify employees in writing of any changes to the information required by the above notice at least 7 calendar days in advance, unless the change is listed on the employee’s pay stub.

Payroll and Paystub Requirements

Employers are required to provide each employee with a statement with every payment of wages, listing the following:

  • The dates of work covered by that payment of wages;
  • Name of employee, name of employer, and address and phone number of employer;
  • Rate(s) of pay and basis of the wage payment, such as hourly, shift, daily, weekly, salary, piece or commission;
  • Gross wages;
  • Deductions (Note: The New York Department of Labor has issued rules, which among other things, provide clarifications and examples of permissible and prohibited deductions under the law.);
  • Allowances, if any, claimed as part of the minimum wage; and
  • Net wages.

For employees who are not exempt from overtime pay, this statement must also include:

  • The regular hourly rate or rates of pay;
  • The overtime rate or rates of pay;
  • The number of regular hours worked; and
  • The number of overtime hours worked.

Payroll records showing the hours worked per week, the rate or rates of pay and the basis of the wage payment, gross wages, deductions, allowances, and net wages for each employee also must be maintained by the employer for at least 6 years.

Enforcement Provisions

Other key provisions of the Wage Theft Prevention Act include:

  • Increasing the amount of wages that can be recovered as damages in a suit for non-payment over and above the lost wages themselves—from 25 percent to 100 percent, the amount allowable under federal law;
  • Creating stronger collection tools;
  • Raising criminal penalties for failure to pay minimum wage to up to a year in prison and $5,000 fine; and
  • Strengthening protections for whistleblowers in cases involving wage violations.

For More Information