Minimum Wage Frequently Asked Questions

Minimum Wage
Frequently Asked Questions
QuestionAnswer
Are there different minimum wage rates in different parts of the State? 
Location202420252026
New York City, Long Island, Westchester$16.00$16.50$17.00
Remainder of State$15.00$15.50$16.00
Fast Food (NYC, Long Island, Westchester)$16.00$16.50$17.00
Fast Food (Remainder of State)$15.00$15.50$16.00
What is the current minimum wage for home health aides?In accordance with Public Health Law section 3614-f, Home Care Aide Minimum Wage is:
Location1/1/20241/1/20251/1/2026
NYC$18.55$19.10$19.65
Long Island & Westchester$18.55$19.10$19.65
Remainder of State$17.5518.10$18.65
This rate must be used to calculate other wage and hour requirements such as overtime and spread of hours.
Does the minimum wage rate depend on where a business is located, or where employees work?The minimum wage is based on where an employee performs work. Workers must be paid the minimum wage rate for their work location regardless of where the main office of their employer is located.
For the purpose of the minimum wage and Fast Food minimum wage, what areas are included in New York City?Bronx, Queens, Richmond, Kings and New York counties are included in New York City.
If employees work in two minimum wage regions, (e.g. Westchester and New York City), which minimum wage rate should be paid?An employer may pay the highest rate for all hours worked, or pay each hour worked in each region at the applicable minimum wage rate for that region.
Are employers required to keep track of employee hours worked in different minimum wage regions if they pay different rates in each region?Yes. Under law and regulation, employers have always been required to keep true and accurate records of employees’ weekly hours worked, rates paid, and wages earned for hours worked. If the employer pays different wage rates, they must be able to show the employee’s hours worked for each wage rate.
Do multiple minimum wage rates have to appear on an employee’s pay stub?Yes. If an employee earned wages at more than one rate of pay for the earning period, those rates must appear on the employee’s pay stub.
Do all employers in New York State have to pay the minimum wage?No. While nearly every employer must pay the New York State minimum wage, there are some very specific exceptions, which only apply to certain employees or employees of public entities. For information about minimum wage exclusions, see our Wages and Hour FAQs.
Is there a lower minimum wage rate for trainees or youth?No. There is no lower wage rate established for trainees or youth.
Do bonus payments or commissions count toward minimum wage?Wages may be paid in a variety of ways and can include incentive pay or commissions. The employer has an obligation to ensure an employee earns the applicable minimum wage rate for every hour worked. Information about commissions or other payments may be found by downloading this document.
What meal allowance may an employer charge if an employee works in different minimum wage regions?An employer may charge an allowance per meal eaten by an employee. The employer may either charge the lesser meal allowance for every meal or charge the allowance applicable to where the employee ate the provided meal.
What uniform allowance must an employer pay when an employee works in different minimum wage regions?Employers may pay the higher uniform maintenance allowance for the week or they may choose to prorate the allowance for the number of hours worked in each region.
What overtime rate applies if employees work in different minimum wage regions?Overtime must be paid at one and a half times the employee’s regular rate of pay. If an employee is paid at different rates for different hours, the employer must pay overtime at 1.5 times the regular rate.  The regular rate is determined by dividing gross earnings by the hours worked.
Must an employer notify employees about the minimum wage increase?Yes, every employer must provide notice by posting the applicable minimum wage poster. Copies of the posters are available here.
If an employee’s rate of pay increases, what other notices are required to be provided to the employee?If the employee’s rate of pay increases, the increase must be reflected in the wage statement provided with their paycheck. For employees in the Hospitality Industry, written notice must also be provided prior to any change in their hourly rates of pay.
If employees are paid different rates during the same pay period, what notices are required?Employees must be made aware of the pay rate applicable to the work they perform. Employers may provide separate notices for each region, job site, job title and pay rate, or the employer may include a listing of all rates on a single employee pay notice. If the employee’s rate of pay increases, the increase must be reflected in the wage statement provided with their paycheck. For employees in the Hospitality Industry, written notice must also be provided prior to any change in their hourly rates of pay. Additionally, any decreased rates must be communicated to the employee prior to the performance of work at the lower rate of pay.
Will the minimum weekly salary for overtime exempt administrative and executive employees increase on January 1, 2024?Yes. Each time the New York State minimum wage increases, the state’s minimum salary required for executive and administrative employees will increase proportionately. On  January 1, 2024, the state minimum weekly salary for administrative and executive employees will range from $1124.20 per week for employees in New York State, to $1,200.00 per week for employees who work in Nassau, Suffolk and Westchester counties and in New York City for any size employer and Fast Food Establishments.
Has the federal government increased the minimum weekly salary for overtime-exempt administrative, executive, and professional employees?Yes. The US Department of Labor issued a final ruling on the new salary threshold for salary exemption: $684 per week (equivalent to $35,568 per year). Under the federal rule, any administrative, executive or professional employee who earns less than this becomes eligible for overtime pay, regardless of actual duties, beginning January 1, 2020. The previous rate was $455 per week. Contact the USDOL at (866) 487-2365 for more information.
Will employers in New York State have to pay overtime for executive and administrative employees whose salary is more than the federal minimum but less than the state minimum salary requirement for those overtime exemptions?Yes. New York State’s salary threshold is usually higher than the federal threshold, and that will remain the case if the federal courts continue to block the planned federal increases. In such cases, employers who are subject to state overtime requirements must pay overtime at time and a half. While the general rule is that overtime must be paid at time and a half of the regular rate, a limited exception allows certain employers to pay time and a half of the minimum wage rate. That exception is limited to employers who are exempt from federal overtime requirements, and who are subject to state wage order for miscellaneous industries. That wage order covers industries other than hospitality and building services.
Where can I find more information about New York State overtime exemptions for executive, administrative, or professional employees?You can find more answers to questions about these exemptions here,
Can a New York State employer change an employee’s rate of pay from a weekly salary to hourly rate?Yes. An employer can change an employee’s rate of pay with advanced notice. Most employees, regardless of their rate or method of payment, must be paid overtime after 40 hours of work per week.
How will an employer know if it should pay the federal or state weekly minimum salary to executive, administrative and professional employees?
 		In general, employers who are covered by both state and federal laws must pay employees the higher rate, whether it is the minimum wage or the weekly minimum salary.