New York State minimum wage increased for upstate employees

Effective December 31, 2022, the minimum wage in upstate New York (all of New York State except Nassau, Suffolk, and Westchester counties and New York City), will rise from $13.20 to $14.20 per hour. The minimum wage for employees in New York City, Nassau, Suffolk, and Westchester counties will remain at $15 per hour. The thresholds for tip credits; allowances for lodging, meals, and utilities; and uniform maintenance pay will also rise for upstate employees on December 31, 2022.

Fast-food minimum wage

The minimum wage for employees working at fast-food establishments anywhere in New York State will remain at $15 per hour. A fast-food establishment is any business that meets the following criteria:

• Primarily serves food or drinks;
• Offers limited service where customers order and pay before eating; and
• Is part of a chain of 30 or more locations.

A fast-food worker is an individual whose job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies, cleaning, or routine maintenance.

Minimum salary thresholds for exempt employees

Employees who are exempt from overtime pay under the executive and administrative exemptions must receive a certain minimum salary to retain their exempt status. The minimum salary threshold for such exempt employees working in New York City and Nassau, Suffolk, and Westchester Counties will remain at $1,125 per week.