New York Minimum Wage Laws

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In no case can the minimum wage rate in Massachusetts be less than $0.50 more than the effective federal minimum wage rate. New York State`s minimum wage law, N.Y. Labor Law § 650 et seq., requires New York workers to receive at least the New York minimum wage, which ranges from $11.10 per hour to $15.00 per hour, depending on the district and size of the employer — for all hours worked. Insured employees who work overtime must be paid 11/2 times their regular and “normal” hourly wage. Alternative dispute resolution is an important tool in minimum wage disputes in New York. With the help of a mediator, employers and employees can resolve their disputes confidentially and cost-effectively. And in some cases, wage and scheduling disputes are settled rather than litigated. In New York, many of these arbitrations are handled by the Financial Industry Regulatory Authority (FINRA). We have extensive experience in FINRA arbitration in the context of unpaid labour disputes, commissions and bonuses. There is a minimum wage of $11.90 per hour for seasonal employers and small employers who employ fewer than 6 people. The minimum wage in New York City in 2021 is $15.00 per hour for employers with 11 or more employees (who are considered “large” employers). New York employers with 10 or fewer employees are considered “small” employers and their minimum wage is $15 per hour.

The national minimum wage of $15 was enacted as part of the 2016-17 state budget. The plan takes into account the needs of workers and businesses. The minimum wage for workers in counties outside the New York metropolitan area will have different standards when it comes to wage increases. At the end of each subsequent year, the minimum wage will increase to $11.10, $11.80 and $12.50 effective December 31, 2020. While projections only show the rate increase to $12.50 per hour, lawmakers have shown their intention to raise the minimum wage rate to $15.00 per hour nationally. The minimum wage in Vermont is automatically replaced by the federal minimum wage if it is higher than the state minimum wage. Employees under the age of 18 can receive 85% of the minimum hourly wage. * Annual increases for the rest of the state will continue until the rate reaches a minimum wage of $15 (and a tip wage of $10).

Starting in 2021, annual increases will be published by the Commissioner of Labour no later than October 1. They are based on percentage increases set by the Director of the Budget Department on the basis of economic indices, including the Consumer Price Index. The FLSA may also prohibit the shipment of products manufactured in violation of minimum wage laws, child labor, or special minimum wage regulations. They can also be penalized if they do not inform their employees of the minimum wage increase. Employers are required by law to inform their employees of any type of change in the minimum wage. They may also face stiff penalties if they intentionally classify an unexempt employee as exempt in order to reduce their taxes and labor costs. Some employees are not covered by New York State overtime laws and are therefore not eligible for overtime pay for hours longer than 40 hours. These are mainly executives, directors, professionals and external salespeople.

However, some workers who appear to be exempt under the RSA are eligible for overtime pay. New York State`s pay and hours laws also apply to undocumented immigrants, whether paid by the hour, day or week, or by check or cash, and even employees who are paid “off the books.” New York allows employers to deduct tips, meals or accommodations provided to an employee from the applicable minimum wage rate. There are few exceptions to New York`s minimum wage – exempt farm workers in many other states must earn at least $8.25 in New York. There is no tip credit for the fast food industry and the minimum wage is: from 2021, the annual minimum hourly rates will be published by the Labour Commissioner no later than October 1, based on the Consumer Price Index and the percentage increases set by the Director of the Budget Department.