Tag: overtime

2025 New York Minimum Wage

2025 New York Minimum Wage

Do you know the 2025 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 2025 New York minimum wage rates are shaded in blue in the tables below. The changes take effect on January 1st.

[Follow us on LinkedIn for frequent updates for New York employers.]

Standard New York Minimum Wage

The 2025 New York minimum wage varies by geographic location and sometimes by industry.

For most private employers, the 2025 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 2026.

General Minimum Wage Rate Schedule
Location202420252026
NYC, Long Island, & Westchester$16.00$16.50$17.00
Remainder of New York State$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)
Location202420252026
NYC, Long Island, & Westchester$10.65 Cash
$5.35 Tip
$11.00 Cash
$5.50 Tip
$11.35 Cash
$5.65 Tip
Remainder of New York State$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)
Location202420252026
NYC, Long Island, & Westchester$13.35 Cash
$2.65 Tip
$13.75 Cash
$2.75 Tip
$14.15 Cash
$2.85 Tip
Remainder of New York State$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 January 1st. These amounts are all higher than the federal Fair Labor Standards Act (FLSA) threshold, which is back down to $684/week after a federal judge enjoined the U.S. DOL’s rule that had initially increased it in July 2024. 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
Location202420252026
NYC, Long Island, & Westchester$1,200.00$1,237.50$1,275.00
Remainder of New York State$1,124.20$1,161.65$1,199.10

Prepare Now for the 2025 New York Minimum Wage

New York employers should review their compensation levels and make necessary changes by January 1, 2025. 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 2025 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!

Auditing Your New York Worker Classifications Webinar Cover Slide

Auditing Your New York Worker Classifications (Webinar Recap)

On November 29, 2022, I presented a complimentary webinar entitled “Auditing Your New York Worker Classifications”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Employees vs. Independent Contractors
  • Students & Interns
  • Minimum Wage/Overtime Exemptions
  • Pay Frequency
  • Notice Requirements

and much more!

A complex interplay between state and federal laws makes worker classification a particularly troublesome area for New York employers. With sometimes inconsistent technical requirements, well-intended employers can make mistakes that can lead to significant financial liability. This webinar offers an overview of the key employee status distinctions for purposes such as what compensation, if any, is required and when it must be paid.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Auditing Your New York Worker Classifications”

If your organization misclassifies employees as independent contractors or as exempt instead of non-exempt, then it could result in a wage claim that produces monetary liability well beyond what the worker should have been entitled to.

This webinar is designed to help you prevent costly litigation by classifying employees correctly before issues arise. We address both federal and New York state laws with a focus on practically evaluating worker status in compliance with an array of legal standards.

For some, this ideally would be an in-depth reminder of day-to-day operational matters that have become seemingly routine. For others, it will point out new considerations in the way your company hires or compensates workers. Either way, you don’t want to miss this convenient opportunity to get your workplace on the right track.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Law email newsletter to be among the first to know when registration is open for upcoming programs! And follow us on LinkedIn for even more frequent updates on important employment law issues.

Post-Pandemic Workplace

Preparing for the Post-Pandemic Workplace (Webinar Recap)

On April 29, 2020, Julie Bastian and I presented a complimentary webinar called “Preparing for the Post-Pandemic Workplace”. For those who couldn’t attend the live webinar, we’re happy to make it available for you to watch at your convenience.

In the webinar, we discuss:

  • Government Reopening Plans
  • (Still) Working from Home
  • Health & Safety Issues
  • Medical Screening
  • USERRA Compliance
  • Overtime Exemptions
  • Productivity vs. Liability

The United States is starting to gradually “reopen” following coronavirus shutdowns. In this webinar, we caution that we have not yet reached the “new normal”. But businesses still must begin planning how they will return to work when allowed to do so.

We don’t anticipate a straightforward, consistent approach for any organization. Many questions remain unanswered. But it is time to start answering them and preparing to evolve as the answers change.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “Preparing for the Post-Pandemic Workplace”

When and how your business can reopen depends on many factors. These include where your facilities are located and what industry you’re in.

Will you screen employees coming in to work? Should you change work schedules to enhance social distancing? Might the government require you to take such actions?

Even if your business hasn’t closed or is already open, conditions continue to change.  Make sure you have a plan in place to adjust when new directives come down.

Looking ahead, it will be critical for employers to maintain good employee relations to stay ahead in these tumultuous times.  This webinar offers suggestions on how to pursue that goal and avoid costly litigation.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Law email newsletter to be among the first to know when registration is open for upcoming programs!

And follow us on LinkedIn for even more frequent updates on important employment law issues.