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December 6, 2022

Legal News

NEWS
December 6, 2022

Changes to New York Wage Laws Going Into Effect in 2023

Minimum Wage

As of December 31, 2022, the minimum wage for most employees in New York state shall be:

NYC – 15.00/hr.

Westchester and Long Island – 15.00/hr.

Rest of NYS - $14.20/hr.

Tipped Employees (Food Service Workers)

As of December 31, 2022, the allowable "tip credit" for food service workers and the minimum cash wage will increase for employees working outside New York City, Westchester, or Long Island.

NYC

$10.00 Cash Wage and $5.00 Tip Credit/hour

Westchester and Long Island

$10.00 Cash Wage and $5.00 Tip Credit/hour

Rest of NYS

$9.45 Cash Wage and $4.75 Tip Credit/hour
(increased from $8.80 Cash Wage and $4.40 Tip Credit/hour)

Tipped Service Employee

(other than a food service worker or fast-food employee, who customarily receives tips.)

NYC

$12.50 Cash Wage and $2.50 Tip Credit/hour

Westchester and Long Island

$12.50 Cash Wage and $2.50 Tip Credit/hour

Rest of NYS

$11.85 Cash Wage and $2.35 Tip Credit/hour
(increased from $11.00 Cash Wage and $2.20 Tip Credit/hour)

Salary Basis Test

As of December 31, 2022, the salary threshold for employees working outside of New York City, Westchester, or Long Island is increasing. The salary threshold is the minimum salary employers can pay workers classified as exempt pursuant to the administrative and executive exemptions under New York state law.

This chart reflects the salary thresholds, effective December 31, 2022:

New York City

$1,125.00/week

Westchester and Long Island

$1,125.00/week

Remainder of New York state

$1,064.25/week (increased from $990.00/week)

Employers must pay particular attention as the year-end approaches to ensure that those positions they intend to keep remain exempt and are updating the rest of their policies and procedures accordingly.  

This is not legal advice and is attorney advertising.  

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