New York has adopted (via the New York State Register’s December 28, 2022 Volume) the updated minimum wage rates and salary levels for workers in upstate New York.
Minimum Wage Increase
Updated minimum wage rates went into effect for employers outside of NYC, Long Island and Westchester County on December 31, 2022. The new minimum wage for upstate workers is now $14.20 per hour.
Salary Level Increase
The increased salary level (for the executive and administrative exemptions) for upstate workers has also been adopted and went into effect on December 31, 2022. The new minimum salary level for upstate workers is now $1064.25 per week.
It should be noted that the salary level for professional and computer employees follows federal law.
Next Steps for Employers
Employers should have adjusted their payroll practices and procedures as of December 31, 2022 including having made the applicable increase to any impacted employee’s hourly wage or salary or having reclassifying exempt employees to non-exempt that no longer meet the minimum salary level. Additionally, if an employee is reclassified from exempt to non-exempt, to comply with the New York Wage Theft Prevention Act an updated pay notice should be provided to impacted employees. For those employers who have yet to adhere to these changes, adjustments should be made immediately and retroactively to December 31, 2022.
As a reminder, minimum wage rates also differ based on industry such as fast-food workers and home care aides. Additional information on the state’s minimum wage is available from the New York Department of Labor.
Of note, while the state has adopted these changes, updates to the salary level still have not been publicly announced as having moved from proposed to final and not all updates are currently reflected on the Department of Labor’s (DOL’s) website. However, it is expected that all minimum wage posters, wage orders and frequently asked questions documents will be released soon. Employers should monitor the DOL’s website for updated information.