Year two of the COVID-19 pandemic brought many new legislative changes for New York employers, altering the landscape around workplace safety, employee pay, leave benefits, protected classes and activity, and privacy. Now that we are at year’s end, New York employers should not only be aware of the new employment laws obligations that took effect during 2021 – but also those that will come into effect in 2022 and beyond. Here’s what you need to know to ensure compliance with new and shifting obligations.
Minimum Wage Increase
Most New York employers will again face minimum wage increases for their employees. Fast food workers outside of New York City and employees in all sectors in Nassau, Suffolk, and Westchester counties will join New York City employees in earning $15 an hour. All other New York employees must be paid a minimum of $13.20 an hour. Minimum wage rates will continue to rise until the $15 an hour minimum wage is uniform across the state. The wage increases for 2022 go into effect December 31, 2021.
Tip Credit Increase
On December 31, 2021, hospitality employers with service employees or food service workers will see an increase in the tip credit that can be taken against an employee’s minimum hourly wage, provided that the weekly average of tips at least equals a specified hourly tip threshold (for service employees only) and the total of tips received plus wages equals or exceeds the basic minimum wage, as follows:
| Service Employees (other than those... |
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