New York Minimum Wage and Exempt-Status Salary Threshold to Increase

Seyfarth Synopsis: As they have each year since 2016, the minimum wage and exempt salary threshold will increase for certain New York employers effective December 31, 2021.

Minimum Wage (2022)

In keeping with the gradual increase in the State’s minimum wage levels, the new tiered rates across the State, effective December 31, 2021, are listed below.   The increases depend on employer size and location.  The minimum wage rate for New York City employers remains $15 per hour for all employers.

Size/Location of Employer	Minimum Wage as of December 31, 2021
New York City, 11 or more employees	$15.00
New York City, 10 or fewer employees	$15.00
Long Island and Westchester employers, regardless of size of employer	$15.00
Remainder of state, regardless of size of employer	$13.20

 Salary Threshold for Exempt Employees (2022) 

Along with the increase to the minimum wage, the amounts that employers can deduct from employees’ wages for items such as uniform allowances and meals are also set to change on December 31.  The Department of Labor on its website has summarized the revisions applicable to hospitality employers, employers in “miscellaneous industries,” and employers in the “building service industry.”  Employers should consult these summaries to determine how much they can deduct for a uniform allowance and claim for meal, lodging and tip credits.

The tiered salary thresholds required for exempt status are also rising effective December 31, 2021.  Like the minimum wage, the salary levels depend on employer size and location.  They are as follows:

Size/Location of Employer	Salary Threshold as of December 31, 2021
New York City, 11 or more employees	$1,125.00 per week ($58,500.00 per year)
New York City, 10 or fewer employees	$1,125.00 per week ($58,500.00 per year)
Nassau, Suffolk, and Westchester counties, regardless of size of employer	$1,125.00 per week ($58,500.00 per year)
Remainder of State, regardless of size of employer	$990.00 per week ($51,480 per year).