Minimum Wage and Other Credit and Payment Increases for Some New York Employers
Beginning on December 31, 2021, the minimum wage — as well as the tip credit, meal credit, uniform maintenance pay and the minimum salary threshold — will increase for New York employers located outside of New York City (i.e., Long Island, Westchester County and upstate New York). Failure to comply with these changes could subject an employer to substantial financial liability.
The amount of the increases to these wages, credits and payments will vary depending upon the employer’s location.
Long Island and Westchester County
Wage Rates/Tip Credit | Food Service Workers (Per Hour)
| Service Employee (Per Hour)
| Fast Food/Other Employees (Per Hour) $15.00 | ||||||||||||||||||
Uniform Pay |
| ||||||||||||||||||||
Meal Credit | Food Service Workers (Per Meal) $3.60 | Service Employees (Per Meal) $4.15 | All Other Employees (Per Meal) $5.15 | ||||||||||||||||||
Exempt Salary Threshold (Administrative and Executive Employees) | $1,125.00 ($58,500.00 annualized) | ||||||||||||||||||||
Remainder of State
Wage Rates/Tip Credit | Food Service Workers (Per Hour)
| Service Employee (Per Hour)
| Fast Food/Other Employees (Per Hour) $15.00 | ||||||||||||||||||
Uniform Pay |
| ||||||||||||||||||||
Meal Credit | Food Service Workers (Per Meal) $3.35 | Service Employees (Per Meal) $3.65 | All Other Employees (Per Meal) $4.55 | ||||||||||||||||||
Exempt Salary Threshold (Administrative and Executive Employees) | $990.00 ($51,480.00 annualized) | ||||||||||||||||||||
Helpful Information about Different Categories of Employees and Various Credits and Payments
For detailed information about the different categories of employees — food service workers, service employees, and fast food workers — and rules regarding tip credits, meal credits and uniform maintenance pay, please see our year-end alert from last year.
What Does this Mean for New York City Employers
Employers in New York City do not need to worry about any changes to the minimum wage, tip credit, meal credit, uniform maintenance pay or minimum salary threshold as the rates for New York City employers remain the same. As a reminder, New York City employers, regardless of the number of employees they employ, are subject to the following rates:
New York City | Food Service Workers (Per Hour)
| Service Employee (Per Hour)
| Fast Food/Other Employees (Per Hour) $15.00 | ||||||||||||||||||
New York City Employers (Uniform Pay) |
| ||||||||||||||||||||
New York City Employers (Meal Credit) | Food Service Workers (Per Meal) $3.60 | Service Employees (Per Meal) $4.15 | All Other Employees (Per Meal) $5.15 | ||||||||||||||||||
New York City Employers (Exempt Salary Threshold) | $1,250.00 ($58,500.00 annualized) | ||||||||||||||||||||
For more information about this alert, please contact Carolyn D. Richmond at crichmond@foxrothschild.com or 212.878.7983, Glenn S. Grindlinger at ggrindlinger@foxrothschild.com or 212.905.2305, or any member of the firm’s New York Labor & Employment Group.
