Increase in New York State Minimum Wage January 1, 2025
Effective January 1, 2025, the New York State statutory minimum wage will again increase. Currently, New York State has two minimum wages, one for New York City, Long Island (Nassau and Suffolk Counties), and Westchester County, and one for the rest of New York State. Currently, the minimum wage for New York City, Long Island and Westchester County is $16 per hour and the minimum wage for the rest of the state is $15 per hour.
Those rates are set to be raised to $16.50 per hour and $15.50 per hour, respectively. An additional increase of 0.50 cents for both minimum wages is set to take effect January 1, 2026, bringing the minimum wages to $17 and $16, respectively. Starting in 2027, the minimum wage increases will be calculated based on inflation based explicitly on the Consumer Price Index for Urban Wage Earners and Clerical Workers for the Northeast Region.
There are certain types of employment that are exempt from minimum wage requirements under the Fair Labor Standards Act (“FLSA”) and New York State Law. Under the FLSA, employees classified as “bona fide executive, administrative, and professional” are exempt from the federal minimum wage requirements. The New York Labor Law further exempts categories of employees from the state minimum wage requirements including part time babysitters, bona fide executive, administrative or professional employees, outside salespeople, taxicab drivers, certain volunteers, interns, and apprentices, certain individuals working for religious or charitable institutions, camp counselors, certain individuals working for college fraternities, sororities, or student or faculty associations, and as members of religious orders.
If you have a question about whether you or your employees are subject to the minimum wage increase, or any employment law issue, please contact Tesser, Ryan & Rochman, LLP at (212) 754-9000 and arrange for a consultation with an attorney.