For covered employees, the New York State Minimum Wage rate is $7.15 per hour. This amount may be modified based upon a number of factors. For example, food service workers who earn at least $1.85 per hour in tips may be paid at a minimum wage rate of $5.30 per hour. Different rates exist for other types of service employees, specified within a set of regulations called a “Wage Order”, which addresses the unique aspects of each industry or occupation.

Exceptions to the minimum wage requirements are:

• Executives and administrators earning more than $386.25 per week
• Professionals
• Outside salespersons
• Taxicab drivers
• Government employees (However, certain non­teaching employees of BOCES are covered)
• Part­time babysitters
• Companions to the sick or elderly who live in their employer’s home and whose principal duties do not include housework
• Ministers and members of religious orders
• Volunteers, learners, apprentices and students working in non­profit institutions
• Students obtaining vocational experience

Independent Contractors ­ people who are in business for themselves ­ are not considered “employees” and are not covered by the minimum wage requirements. These are the major exclusions.