New York State’s Minimum Wage
As part of the 2016-17 State Budget, Governor Cuomo signed legislation enacting a statewide $15 minimum wage plan that will lift the earnings of more than 2.1 million New Yorkers, in all industries across the state. The Governor’s plan takes the needs of workers and businesses alike into account.
As of December 31, 2016, the first in a series of wage increases will go into effect. Rates will differ based on region and industry because the increases are calibrated to provide businesses ample time to adjust.
|NYC - Big Employers (of 11 or more)||$11.00||$13.00||$15.00|
|NYC - Small Employers (10 or less)||$10.50||$12.00||$13.50||$15.00|
|Long Island & Westchester||$10.00||$11.00||$12.00||$13.00||$14.00||$15.00|
|Remainder of New York State Workers||$9.70||$10.40||$11.10||$11.80||$12.50||*|
* Annual increases for the rest of the state will continue until the rate reaches $15 minimum wage (and $10 tipped wage). Starting 2021, the annual increases will be published by the Commissioner of Labor on or before October 1. They will be based on percentage increases determined by the Director of the Division of Budget, based on economic indices, including the Consumer Price Index.
*Tipped food service workers rate is unchanged at $7.50 until 12/31/2017.
For additional assistance or to file a complaint, call 1-888-4NYSDOL (1-888-469-7365).
Download claim forms for unpaid wages, unpaid wage supplements, or mandatory overtime complaints.
Please mail all completed claim forms to:
New York State Department of Labor
Division of Labor Standards
Bldg. 12, Rm. 185C,
State Office Campus, Albany, NY 12240
The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least $9.70 an hour beginning December 31, 2016.
Minimum wage rates differ based on industry, region and business size. Rates will increase each year until they reach $15.00 per hour.
- Fast food industry workers in NYC - $12.00
- Fast food industry workers outside NYC - $10.75
- Long Island & Westchester County - $10.00
- Large NYC employers (of 11 or more) - $11.00
- Small NYC employers (10 or less) - $10.50
- Tipped workers - $7.50 (unchanged)
- Remainder of New York State - $9.70
These rates are in effect from December 31, 2016 through December 31, 2017. View minimum wage rates through 2021.
Enforcement of Minimum Wage Laws
New York State Department of Labor helps collect underpayments for workers who have not received the minimum wage. Often, funds are collected 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 and liquidated damages, PLUS
- Interest and civil penalties up to 200% of the unpaid wages
The Division of Labor Standards offers free educational seminars to employers doing business in New York State.
What's in it for you?
- 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: 518-457-9000.
Download posters and updated summaries listing rates for all industries on NYS Department of Labor’s forms page.
You can also learn more about employment laws, known as labor standards, governing minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration, registration of Professional Employer Organizations, farm labor and much more on DOL’s website.
Still have questions? Please call 1-888-4NYSDOL (1-888-469-7365).