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EBC Update - NEW YORK MINIMUM WAGE WILL RISE AT THE END OF 2021

New York State will increase the minimum wage to $13.20 an hour starting 12/31/2021

UPDATE: New York State Minimum Wage has changed. Check out this post on the current New York Minimum Wage.

Below you will find a breakdown of the general minimum wage rate schedule to change 12/31/2021:

General Minimum Wage:

Location

12/31/2020

12/31/2021

NYC- Large Employers (of 11 or more)

$15.00

$15.00

NYC- Small Employers (10 or less)

$15.00

$15.00

Long Island & Westchester

$14.00

$15.00

Remainder of New York State

$12.50

$13.20

Food Service Employees:

A food service worker is any employee who is primarily engaged in serving food or beverages to guests, patrons, or customers in the hospitality industry who regularly receive tips. This includes wait staff, bartenders, captains, and busing personnel. It does not include delivery workers.

Location

12/31/2020

12/31/2021

NYC- Large Employers (of 11 or more)

$10.00 Cash

$5.00 Tip

$10.00 Cash

$5.00 Tip

NYC- Small Employers (10 or less)

$10.00 Cash

$5.00 Tip

$10.00 Cash

$5.00 Tip

Long Island & Westchester

$9.35 Cash

$4.65 Tip

$10.00 Cash

$5.00 Tip

Remainder of New York State

$8.35 Cash

$4.15 Tip

$8.35 Cash

$4.15 Tip

Service Employees:

The next schedule applies to other service employees. A service employee is one who is not a food service worker or fast food employee who customarily receives tips above an applicable tip threshold (which also follows schedules, not shown here).

Location

12/31/2020

12/31/2021

NYC- Large Employers (of 11 or more)

$12.50 Cash

$2.50 Tip

$12.50 Cash

$2.50 Tip

NYC- Small Employers (10 or less)

$12.50 Cash

$2.50 Tip

$12.50 Cash

$2.50 Tip

Long Island & Westchester

$11.65 Cash

$2.35 Tip

$12.50 Cash

$2.50 Tip

Remainder of New York State

$10.40 Cash

$2.10 Tip

$10.40 Cash

$2.10 Tip

Fast Food Minimum Wage:

These special New York minimum wage rates only apply to fast food restaurants that are part of a chain with at least 30 restaurants nationally and whose job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning, or routine maintenance. 

As of July 1, 2021, the minimum wage for fast food workers (per the requirements mentioned above) throughout the state is $15.00 per hour. No further increases are currently scheduled.

Note: No tip credit is available for fast food employees.

Exempt Status Salary Threshold:

Along with increases to the 2022 New York minimum wage, the salary threshold for New York’s executive and administrative exemptions will increase on December 31st to $51,480 or $990 per week.