We’ve summarized the most important updates for New York employers to be aware of. Download the updates as a PDF for a quick takeaway, and read more about each new law and regulation below.
Higher Minimum Wage
New York City became the state’s first jurisdiction with a $15-per-hour minimum wage on Dec. 31. The new pay floor applies to employers with at least 11 employees under a plan Gov. Andrew Cuomo signed in 2016.
In New York City, it is $13.50 per hour for businesses with 10 or fewer employees, and $15.00 per hour for businesses with 11 or more employees. In Nassau, Suffolk and Westchester counties, it is $12.00 per hour. In the remainder of the state, it is $11.10 per hour. There are different hourly rates for workers in the fast food industry and those who receive tips. These rates remain in effect until December 30, 2019.
New wage theft hotline
As part of the minimum wage law, New York will launch a Wage Theft Hotline, 1-888-4-NYSDOL. The state wants workers to report employers who don’t comply with the new minimum wage increase. It’s important to take action now if you feel you may not be in compliance. Contact us to go over your payroll practices and we’ll help you make sure you’re ready.
Sexual Harassment Training
Starting in April, city employers with at least 15 workers will be required to run annual anti-sexual harassment trainings. The city’s Human Rights Commission says it will create an online program that firms can use to train their employees. But employers can also give their own training as long as it addresses what sexual harassment is, how to report it and other mandatory topics. More resources and information on New York Sexual Harassment laws here.
Tip Credit Increase
On December 31, 2018, hospitality employers with service employees or food service workers will see an increase in the tip credit that can be taken against an employees’ minimum hourly wage, provided that the weekly average of tips is at least a specified hourly tip threshold (for service employees only) and the total of tips received plus wages equals or exceeds the basic minimum wage.
Salary Threshold Increase
Effective December 31, 2018, the salary basis threshold for executive and administrative employees to be classified as exempt will increase to $1,012.50 per week ($52,650 annually) for New York City employers with 10 or fewer employees, and $1,125.00 per week ($58,500 annually) for New York City employers with 11 or more employees. For employers in Nassau, Suffolk, and Westchester counties, the salary basis threshold will increase to $900 per week ($46,800 annually). For all other employers in the state of New York, it will rise to $832.00 per week ($43,264 annually).
On December 12, the New York State Department of Labor published revised proposed regulations on employer scheduling practices which require certain fast food and retail employers to pay employees a “premium” for certain schedule practices. The effective date has yet to be announced. The proposed regulations require covered employers to pay employees for a minimum number of hours if the employer doesn’t provide 14 days’ advance notice of a change in a scheduled shift, or require an employee to work “on-call,” or sends an employee home prior to the end of a scheduled shift.