Beginning on December 31, 2021, the minimum wage — as well as the tip credit, meal credit, uniform maintenance pay and the minimum salary threshold — will increase for New York employers located outside of New York City (i.e., Long Island, Westchester County and upstate New York). Failure to comply with these changes could subject an employer to substantial financial liability.
The amount of the increases to these wages, credits and payments will vary depending upon the employer’s location.
Long Island and Westchester County
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Wage Rates/Tip Credit
|
Food Service Workers (Per Hour)
Minimum Wage: |
$15.00 |
Cash Wage: |
$10.00 |
Cash OT Wage: |
$17.50 |
Tip Credit: |
$5.00 |
|
Service Employee (Per Hour)
Minimum Wage: |
$15.00 |
Cash Wage: |
$12.50 |
Cash OT Wage: |
$20.00 |
Tip Credit: |
$2.50 |
Tip Threshold: |
$3.25 |
|
Fast Food/Other Employees (Per Hour)
$15.00
|
Uniform Pay
|
Work Week More than 30 Hours: |
$18.65/week |
Work Week Between 20 – 30 Hours: |
$14.75/week |
Work Week 20 Hours or Less: |
$8.90/week |
|
Meal Credit
|
Food Service Workers (Per Meal)
$3.60
|
Service Employees (Per Meal)
$4.15
|
All Other Employees (Per Meal)
$5.15
|
Exempt Salary Threshold (Administrative and Executive Employees)
|
$1,125.00 ($58,500.00 annualized)
|
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Remainder of State
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Wage Rates/Tip Credit
|
Food Service Workers (Per Hour)
Minimum Wage: |
$13.20 |
Cash Wage: |
$8.80 |
Cash OT Wage: |
$15.40 |
Tip Credit: |
$4.40 |
|
Service Employee (Per Hour)
Minimum Wage: |
$13.20 |
Cash Wage: |
$11.00 |
Cash OT Wage: |
$17.60 |
Tip Credit: |
$2.20 |
Tip Threshold: |
$2.85 |
|
Fast Food/Other Employees (Per Hour)
$15.00
|
Uniform Pay
|
Work Week More than 30 Hours: |
$16.40/week |
Work Week Between 20 – 30 Hours: |
$13.00/week |
Work Week 20 Hours or Less: |
$7.85/week |
|
Meal Credit
|
Food Service Workers (Per Meal)
$3.35
|
Service Employees (Per Meal)
$3.65
|
All Other Employees (Per Meal)
$4.55
|
Exempt Salary Threshold (Administrative and Executive Employees)
|
$990.00 ($51,480.00 annualized)
|
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Helpful Information about Different Categories of Employees and Various Credits and Payments
For detailed information about the different categories of employees — food service workers, service employees, and fast food workers — and rules regarding tip credits, meal credits and uniform maintenance pay, please see our year-end alert from last year.
What Does this Mean for New York City Employers
Employers in New York City do not need to worry about any changes to the minimum wage, tip credit, meal credit, uniform maintenance pay or minimum salary threshold as the rates for New York City employers remain the same. As a reminder, New York City employers, regardless of the number of employees they employ, are subject to the following rates:
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New York City
Employers (Wage Rates/Tip Credit)
|
Food Service Workers (Per Hour)
Minimum Wage: |
$15.00 |
Cash Wage: |
$10.00 |
Cash OT Wage: |
$17.50 |
Tip Credit: |
$5.00 |
|
Service Employee (Per Hour)
Minimum Wage: |
$15.00 |
Cash Wage: |
$12.50 |
Cash OT Wage: |
$20.00 |
Tip Credit: |
$2.50 |
Tip Threshold: |
$3.25 |
|
Fast Food/Other Employees (Per Hour)
$15.00
|
New York City Employers (Uniform Pay)
|
Work Week More than 30 Hours: |
$18.65/week |
Work Week Between 20 – 30 Hours: |
$14.75/week |
Work Week 20 Hours or Less: |
$8.90/week |
|
New York City Employers (Meal Credit)
|
Food Service Workers (Per Meal)
$3.60
|
Service Employees (Per Meal)
$4.15
|
All Other Employees (Per Meal)
$5.15
|
New York City Employers (Exempt Salary Threshold)
|
$1,250.00 ($58,500.00 annualized)
|
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