Author: Scott Horton

Scott has been practicing Labor & Employment law in New York for almost 20 years. He has represented over 400 employers and authored 100s of articles and presentations and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog can be considered legal advice. If you want legal advice, you need to retain an attorney.

2024 New York Minimum Wage

2024 New York Minimum Wage

Do you know the 2024 New York minimum wage? Actually, there are different minimum wages for different parts of the state and different industries. Employers must be ready by the end of the year to meet the new requirements that apply to their employees.

The 2024 New York minimum wage rates are shaded in blue in the tables below. Note that the changes take effect on January 1st, not December 31st as was the case with previous increases.

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Standard New York Minimum Wage

The 2024 New York minimum wage varies by geographic location and sometimes by industry.

For most private employers, the 2024 New York minimum wage in the following chart applies. This chart also applies for non-teaching employees of public school districts or a BOCES. However, there is no New York minimum wage for other employees of public (governmental) employers (but the federal minimum wage of $7.25 does apply).

The chart also shows scheduled minimum wage increases for 2025 and 2026.

General Minimum Wage Rate Schedule
Location2023202420252026
NYC, Long Island, & Westchester$15.00$16.00$16.50$17.00
Remainder of New York State$14.20$15.00$15.50$16.00

* After 2026, future New York minimum wage increases will occur based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region. In other words, the minimum wage will be indexed to inflation.

Minimum Wage for Tipped Employees in the Hospitality Industry

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

The minimum wage rates for most non-tipped employees in the hospitality industry are set as per the schedule above. However, employers may count a portion of certain tipped employees’ gratuities toward the minimum wage requirements. This is known as a “tip credit.”

New York State has two separate cash wage and tip credit schedules for tipped hospitality employees who qualify as “food service workers” and “service employees.”

Food Service Workers

food service worker is any employee who is primarily engaged in serving food or beverages to guests, patrons, or customers in the hospitality industry who regularly receive tips. This includes wait staff, bartenders, captains, and busing personnel. It does not include delivery workers.

Hospitality Industry Tipped Minimum Wage Rate Schedule (Food Service Workers)
Location2023202420252026
NYC, Long Island, & Westchester$10.00 Cash
$5.00 Tip
$10.65 Cash
$5.35 Tip
$11.00 Cash
$5.50 Tip
$11.35 Cash
$5.65 Tip
Remainder of New York State$9.45 Cash
$4.75 Tip
$10.00 Cash
$5.00 Tip
$10.35 Cash
$5.15 Tip
$10.70 Cash
$5.30 Tip

Service Employees

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

Hospitality Industry Tipped Minimum Wage Rate Schedule (Service Employees)
Location2023202420252026
NYC, Long Island, & Westchester$12.50 Cash
$2.50 Tip
$13.35 Cash
$2.65 Tip
$13.75 Cash
$2.75 Tip
$14.15 Cash
$2.85 Tip
Remainder of New York State$11.85 Cash
$2.35 Tip
$12.50 Cash
$2.50 Tip
$12.90 Cash
$2.60 Tip
$13.30 Cash
$2.70 Tip

Overtime Threshold

Along with increases to the 2024 New York minimum wage, the salary requirement to maintain some overtime exemptions will also increase.

The salary threshold for New York’s executive and administrative exemptions go up on December 31st. These amounts are all higher than the federal Fair Labor Standards Act (FLSA) threshold of $684/week. But most New York employers (other than governmental entities) must satisfy the higher New York threshold to ensure full overtime exemption.

There is no salary requirement for New York’s professional exemption. However, employers must also satisfy the FLSA threshold for most professional employees. Doctors, lawyers, and teachers do not have a salary requirement for exemption.

Executive & Administrative Exemption Weekly Salary Threshold Schedule
Location2023202420252026
NYC, Long Island, & Westchester$1,125.00$1,200.00$1,237.50$1,275.00
Remainder of New York State$1,064.25$1,124.20$1,161.65$1,199.10

Prepare Now for the 2024 New York Minimum Wage

New York employers should review their compensation levels and make necessary changes by January 1, 2024. Updates might result in increasing an employee’s hourly wage or salary or reclassifying exempt employees to non-exempt if they will no longer meet the exemption salary requirement.

And, remember, the 2024 New York minimum wage rates only last one year in some cases. Companies will have to review this again next year (or sooner).

To keep up on New York and federal wage and hour requirements and other employment law topics, you can sign up for our email newsletter here or follow us on LinkedIn!

NYC Height & Weight Discrimination

NYC Prohibits Height & Weight Discrimination

As of November 22, 2023, the New York City Human Rights Law (NYCHRL) now includes height and weight as protected characteristics. This legislation is poised to influence similar height and weight discrimination initiatives elsewhere. Accordingly, employers throughout New York State and beyond should take notice.

Height & Weight Protected

On May 26, 2023, Mayor Eric Adams signed NYCHRL amendments that prohibit discrimination based on height and weight in employment, housing, and public accommodations.

Thus, height and weight discrimination are now prohibited in NYC, similar to the existing protections based on race, sex, and marital status (among others). Accordingly, workplace harassment based on height and weight is also unlawful.

Exemptions & Defenses

While the primary aim is to protect individuals from unfair treatment, the law acknowledges situations where height and weight requirements may be necessary.

Height or weight standards may be applied where:

  1. required by federal, state, or local law; or
  2. permitted by regulations of the Commission on Human Rights identifying specific jobs for which
    • the person’s height or weight could prevent performing essential requisites of the job requirements, with no viable alternative action that would allow the person to perform the job; or
    • consideration of height or weight criteria is reasonably necessary for the normal operations of the business.

If not expressly excepted by law or regulation, employers may also assert an affirmative defense based on either of the bulleted circumstances above. But then it is their burden to prove those elements.

Furthermore, the law clarifies that it does not prohibit employers from offering employee incentives through voluntary wellness programs that support weight management.

Implications for Employers

Employers in New York City should take proactive steps to ensure compliance with this new law, including:

  1. Reviewing Hiring Practices: Remove any references to height and weight in job descriptions unless they are demonstrably justified by business necessity.
  2. Updating Policies: Handbooks, training materials, and other policies should now include height and weight as protected categories.
  3. Sector-Specific Considerations: In industries like hospitality and retail, where customer-facing roles are common, it’s crucial to align policies with these new protections against height and weight discrimination. Notably, customer preferences are not a valid defense against height and weight discrimination claims.

Businesses in other parts of New York should also take note of this development. It has become increasingly common for the State Legislature to follow NYC’s lead in enhancing workplace protections. Indeed, a proposed bill on height and weight discrimination is pending in Albany. It would not be surprising if that became law as early as 2024.

 

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2022 EEO-1

2022 EEO-1 Component 1 Data Collection

The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2022 EEO-1 Component 1 data collection on October 31, 2023. The deadline for submissions and certifications is set for December 5, 2023.

Understanding the EEO-1 Component 1 Report

The EEO-1 Component 1 report is an obligatory annual data collection exercise for private sector employers with 100 or more employees, as well as federal contractors with 50 or more employees meeting certain criteria. This report requires the submission of workforce demographic data, including data segmented by job category, gender, and race or ethnicity.

New Resources for Filers

In an effort to streamline the data submission process, the EEOC’s Office of Enterprise Data and Analytics (OEDA) has launched a new EEO-1 Component 1 Instruction Booklet for the 2022 data collection period. This booklet consolidates various support materials, such as frequently asked questions and fact sheets, into a single resource. It also provides additional information to clarify eligibility and reporting requirements.

Enhanced Filing Process

The EEOC announced that it has enhanced the filing process by introducing self-service options and an online Filer Support Team Message Center within the EEO-1 Component 1 Online Filing System (OFS). This platform enables filers to submit requests for assistance, update requests with new information, terminate requests, and track the status of requests, thereby simplifying the filing process.

Additional EEOC Data Collections

The EEOC has also opened the 2023 EEO-4 state and local government data collection, which is also due on December 5, 2023. This mandatory data collection requires all state and local governments with 100 or more employees to submit demographic workforce data every two years. A new EEO-4 Instruction Booklet is now available to aid in this process.

Employer Compliance

All employers must determine whether they are required to file EEO data. If so, you should make sure you have the necessary data prepared in time to meet the filing deadlines. Hopefully, the new guidance resources from the EEOC will make it easier for companies to comply with the reporting process.