The minimum wage in New York State is $7.25/Hour, with few exceptions. Employers must post a Minimum Wage Information poster in their place of work.
New York State Minimum Wage Laws
Minimum Wage Act (General Employment)
The General Industry Minimum Wage Act states that employers must pay all employees in New York State, including most domestic workers, at least $7.25 per hour.
Certain requirements set under regulations known as “wage orders” may modify the basic rate.
Wage orders are provisions of the minimum wage law that cover jobs in:
- The hospitality and building service industry
- Miscellaneous industries and occupations
They set an hourly rate plus overtime and allowances in four General Industry Wage Orders, based on meals and lodging supplied by an employer. You can get these documents at the Forms and Publications link (see left-side navigation bar).
Some industries make allowances for tips; thus they set a lower hourly rate. For example, food service workers may earn $4.65 per hour because their total compensation includes expected tips.
When the worker must maintain required uniforms, certain allowances also apply.
Other service workers have a minimum rate of $5.50 per hour.
There are also allowances for meals and lodging supplied by an employer.
Minimum Wage Standards for Farm Workers Top of Page
The Minimum Wage Order for Farm Workers applies only to farm workers employed on farms that paid over $3,000 to workers in the previous calendar year.
Under this wage order, all workers must receive $7.25 per hour, with few exceptions. It excludes:
- Minors under 17 years of age
- employed on the same farm as their parents or guardians
- who are paid on a piece-rate basis at the same rate as employees over 17
The wage order allows employers to deduct for meals and lodging, except for lodging for seasonal migrant workers. See the wageorder for specific allowances. If employers make payments in kind, they may not charge more than the farm market value.
Employers must post a summary of the wage order where it is visible to workers, along with a copy of the general work agreement.
Enforcement of Minimum Wage Laws Top of Page
We help collect underpayments for workers who have not received the minimum wage. Often, we collect the funds without resorting to court action.
However, an employer that violates the Minimum Wage Law is subject to criminal prosecution and penalties. Action may also be taken in civil court.
The Commissioner of Labor may require an employer to pay:
Minimum wage underpayments
Interest and civil penalties up to 200 percent of the unpaid wages
Minimum Wage for Employees Covered by Federal Law Top of Page
Employees covered by the Federal Fair Labor Standards Act remain covered by the New York State minimum wage orders, including their supplemental wage provisions. Employers must comply with the State and with the Federal law, which may result in a higher minimum wage. In all cases, the higher wages apply.
Educational Seminars Top of Page
The Division of Labor Standards offers free educational seminars to employers doing business in New York State.
What's in it for me???
- Each year Labor Standards responds to thousands of employee complaints of unpaid wages and benefits, illegal employment of children, meal period violations and more.
- The New York State labor law can be very complicated and it is easy for employers to make a mistake. Many honorable employers are found to owe back wages and penalties that turn out to be quite costly.
- A Division of Labor Standards Educational Seminar may help an employer avoid the cost and inconvenience of a Labor Standards Investigation. The seminar is designed to teach employers how to avoid being in violation of labor laws.
- While the labor law covers all areas/types of employment, we can tailor an Educational Seminar to the industry of those attending.
- We can design a seminar for a specific company, allowing the company to include the seminar in scheduled corporate training sessions for managers or company meetings at a specific location.
- The Division of Labor Standards will provide Educational Seminar information in brochures, booklets and Powerpoint presentations at no cost to an employer.
For more information on Educational Seminars please call:
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