After a few years of rapid and expansive change to New York’s workplace laws, involving adjustments to workplace safety, employee pay, benefits, and privacy, there was a noticeable slowdown for the state legislature this past year. However, New York employers must remain alert as a flurry of bills signed into law within the last month will add to your compliance burdens this year. Let’s review what laws were enacted in 2022 and legislation that will soon go into effect in 2023.
Minimum Wage Increase
New York State minimum wage rate has increased from $13.20 to $14.20 an hour for Upstate New Yorkers (consisting of workers outside of NYC, Long Island, and Westchester where the minimum wage is already, and will remain, $15/hour). This wage increase went into effect on December 31, 2022.
Tip Credit Increase
Given the increase to the minimum wage, Upstate New York (outside New York City and Nassau, Suffolk and Westchester counties), saw the cash wage and tip credit increase on December 31, 2022. The cash wage for service employees increased to $11.85 and tip credit to $2.35. Food service workers also saw an increase in the cash wage to $9.45 and tip credit to $4.75.
Salary Threshold Increase
The NYS Division of the Budget proposed an increase of the salary basis threshold for executive and administrative employees to be classified as exempt, with an effective date of December 31, 2022. For employers in Upstate New York (outside New York City and Nassau, Suffolk and Westchester...
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