Employment Law -- Employee
What is the current minimum wage in New York State?
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
- 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.