It’s that time of year for all employers in New York to confirm that their payroll is set up to pay the new minimum wage that went into effect on December 31, 2017. Additionally, in order for exempt employees to remain exempt into the new year, employers will need to ensure that their annual salaries meet the new required minimum salary threshold.
Beginning December 31, 2017, the following minimum wages are in effect:
Hourly Rates:
| Employers outside of Nassau, Suffolk and Westchester counties or NYC | $10.40 |
| Nassau, Suffolk and Westchester employers | $11.00 |
| New York City employers with 10 or fewer employees | $12.00 |
| New York City employers with 11 or more employees | $13.00 |
Beginning December 31, 2017, the minimum salary for exemption as an “administrative” or “executive” employee increased as follows:
Salary Rates:
| Employers outside of Nassau, Suffolk and Westchester counties or NYC |
$780 per week $40,560 annually |
| Nassau, Suffolk and Westchester employers | $825 per week $42,900 annually |
| New York City employers with 10 or fewer employees |
$900 per week $46,800 annually |
| New York City employers with 11 or more employees |
$975 per week $50,700 annually |
Remember, under New York’s Wage Theft Prevention Act (“WTPA”), employers are required to give written notices to each new hire with the following information:
- Rate or rates of pay, including overtime rate of pay if applicable;
- How the employee is paid (hourly, per shift, daily, weekly, by commission, etc.);
- Regular payday;
- Official name of the employer and any other names used for business;
- Address and phone number of the employer’s main office or principal location;
- Allowances taken as part of the minimum wage (tip, meal, and lodging deductions); and
- The notice must be in English and in the employee’s primary language if the Department of Labor offers a translation
If any of the above data changes, employers must give the employee a week’s notice, unless the employee’s new paystub carries the notice. However, employers must notify an employee in writing before reducing his or her wage rate. Employers in the hospitality industry must give notice every time an employee’s wage rate changes.