New York State Minimum Wage Rates

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As of December 31, 2021, the minimum wage in New York State is set at $13.20 an hour, which is higher than the federal minimum wage of $7.25 per hour. The previous New York State minimum wage was $12.50 per hour. However, minimum wage rates vary depending on location, employer size, and type of employer.

Key Takeaways

  • New York has a different minimum wage depending on location, employer size, and type of employer.
  • In some parts of the state and for certain positions across the state, the minimum wage is $15.
  • New York is one of many states whose minimum wage tends to be higher than the federal minimum wage

New York Minimum Wage

Different minimum wage rates exist within the fast food industry, on Long Island, in Westchester County, and for employers in New York City.

New York City

In New York City, the minimum wage is $15.00 per hour, regardless of the size of industry of the business.

Long Island and Westchester Minimum Wage

Nassau, Suffolk, and Westchester counties also have a higher minimum wage than the rest of the state: $15.00 per hour effective December 31, 2021.

Minimum Wage by Job Category

The minimum wage and future increases are different for each category of employee. For example, there are different minimums for farm workers, nail salon employees, building services workers, and people who work in the hospitality industry.

New York State Minimum Wage for Fast Food Workers

The following minimum wage rates for fast food workers who work for a chain with 30 or more establishments were approved by a state wage panel. The minimum wage for fast food workers across the state is $15 per hour after the final phase became effective July 1, 2021.

New York Minimum Wage for Tipped Workers

Workers who receive tips are paid under a different minimum wage structure in New York. The cash wage, or base service rate, varies according to the size of the employing business and its location.

Note

If tips aren't sufficient to reach minimum wage, the employer is required to pay the difference for tipped employees.

Minimum Wage for App-Based Drivers

The New York City Taxi and Limousine Commission (TLC) voted on December 4, 2018, to set the nation’s first minimum pay rate for app-based drivers. The rate is set at $17.22 per hour after expenses ($26.51 per hour gross pay) and went into effect on December 31, 2018.

History of New York's Minimum Wage

A general minimum wage was established on October 1, 1960, before which minimum wage rates depended on the industry. The first New York State minimum wage was $1.00 per hour.

Note

The national minimum wage was established over two decades prior to this—in 1938.

Since it was established in October 1960, the New York State minimum wage has gradually increased, with the first rapid increase occurring over a period of several years in the mid-to-late 1970s.

More or Less Than the Federal Minimum Wage

New York is one of many states whose minimum wage tends to be higher than the federal minimum wage, for both tipped and untipped workers. A few states match the federal minimum wage, and even fewer do not mandate a minimum wage.

When a state’s minimum wage law attempts to set a pay rate that is less than the federal minimum wage law, the federal minimum wage law supersedes the state minimum wage law.

Note

When a state—like New York—has a higher minimum wage than the federal minimum wage, the state minimum wage supersedes the federal requirement.

In short, minimum wage laws are always set to favor the employee by establishing the federal or state minimum wage at whichever is the higher wage.

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Sources
The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
  1. New York State. "New York State's Minimum Wage."

  2. New York State Department of Labor. "Minimum Wage."

  3. New York State Department of Labor. "Minimum Wage For Fast Food Workers: Frequently Asked Questions."

  4. New York State Department of Labor. "Minimum Wage for Tipped Workers."

  5. Independent Drivers Guild. "NYC Sets Nation’s First Minimum Wage for App-Based Drivers."

  6. New York State Department of Labor. "History of the General Hourly Minimum Wage in New York State."

  7. U.S. Department of Labor. "History of Federal Minimum Wage Rates Under the Fair Labor Standards Act, 1938 - 2009."

  8. U.S. Department of Labor. "Consolidated Minimum Wage Table."

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