August 6, 2009
NY New York Minimum Wage
For covered employees, the New York State Minimum Wage rate is $7.25 per hour. This amount may be modified based upon a number of factors. For example, Food Service workers –waiters and waitresses — who earn at least $2.55 per hour in tips may be paid at a minimum wage rate of $4.60 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a “Wage Order”, which addresses the unique aspects of each industry or occupation.
The minimum wage for janitors in residential buildings is a per unit, rather than an hourly, rate. The current unit rate, for residential janitors earning less than $304.10 per week, is $4.80. In a payroll week, the amount paid to a piece-rate worker must average at least as much as the hourly state minimum wage.
Q: Can employers require their employees to wear uniforms?
A: Yes, however, the cost of purchasing and/or maintaining a uniform must not bring the employee below the minimum wage. If workers at the minimum wage rate must wear a uniform, their employers must clean and maintain them or pay the employees to do so. Ordinary clothing (such as black trousers and white shirts) are generally not considered “uniforms.”
Q: Is everyone covered by the minimum wage requirements?
A: Exceptions to the minimum wage requirements are:
Executives and administrators earning more than $536.10 per week
Professionals
Outside salespersons
Taxicab drivers
Government employees (However, certain non-teaching employees of BOCES are covered)
Part-time babysitters
Companions to the sick or elderly who live in their employer’s home and whose principal duties do not include housework
Ministers and members of religious orders
Volunteers, learners, apprentices and students working in non-profit institutions
Students obtaining vocational experience
Independent Contractors – people who are in business for themselves – are not considered “employees” and are not covered by the minimum wage requirements.
Q: What are the regulations regarding overtime?
A: Covered employees who work overtime must be paid at a rate that is one and one-half times their regular, “straight-time” hourly rate of pay.
For non-residential employees, this overtime rate applies to all time over 40 hours in a payroll week.
For more information on New York State Minimum Wage, contact NYS Dept of Labor at:
Bureau of Public Work
State Office Bldg. Campus
Bldg. 12 – Rm. 130
Albany, NY 12240
Tel. (518) 457-5589
Fax (518) 485-1870
