Over the course of the last year, New York employers saw significant state and local employment law developments. This trend will continue into the new year with a plethora of employment laws slated to become effective.
We summarize some of the key changes to New York employment laws for 2023, and offer some practical advice, below.
As of December 31, 2022, the minimum wage for most employees in New York state shall be:
As of December 31, 2022, the allowable "tip credit" for food service workers and service employees and the minimum cash wage will increase for employees working outside New York City, Westchester, or Long Island.
Tipped Food Service Worker
A food service worker is defined as any employee who is primarily engaged in the serving of food or beverages to guests, patrons, or customers in the hospitality industry, including, but not limited to, wait staff, bartenders, captains, and bussing personnel; and who regularly receives tips from such guests, patrons, or customers. The term food service worker does not include delivery workers.
| New York City | $10.00 Cash Wage and $5.00 Tip Credit/hour |
| Westchester and Long Island | $10.00 Cash Wage and $5.00 Tip Credit/hour |
| Remainder of New York state | $9.45 Cash Wage and $4.75 Tip Credit/hour (increased from $8.80 Cash Wage and $4.40 Tip Credit/hour) |
Tipped Service Employee
A service employee is an employee, other than a food service worker...
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