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New York Employers Subject to Modified Wage Orders Effective Immediately

  • July 23, 2009

Corresponding to the federal minimum wage increase set to take effect on July 24, 2009, New York State's statutory minimum wage will also increase from $7.15 to $7.25 an hour.

On July 23, 2009, the New York State Department of Labor issued modified Wage Order Rates and Allowances to reflect this and other increases to related gratuities and allowances. Significant changes to current rates, which are effective July 24, 2009, include:

  1. The tip-credit wage for food service employees increases from $4.60 to $4.65 an hour. This also modifies the overtime rate for such employees.
  2. The uniform maintenance rate increases from $8.90 to $9.00 a week for employees working 30 hours or more per week, from $7.00 to $7.10 for employees working between 20 and 30 hours per week, and from $4.25 to $4.30 for employees working fewer than 20 hours per week.
  3. The minimum salary required for an employee to qualify for the executive and administrative exemption rises from $536.10 to $543.75 a week.

The complete revised rates and allowances can be accessed through the Department of Labor's website using the following link:

http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/minwage.shtm

The new federal minimum wage poster is available through the following link:

http://www.dol.gov/esa/whd/regs/compliance/posters/flsa.htm

Jackson Lewis attorneys are available to answer your questions and discuss these changes to the Wage Orders.

©2009 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

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