Message from the President & CEO Melissa Autilio Fleischut
Dear New York Restaurateurs,
Welcome to the New York State Restaurant Association Minimum Wage Resource Center. Here, you'll find the most current information and answers to your questions about the new minimum wage law in New York State and how it impacts your business. From sanctions to solutions, this is your go to resource for ensuring your business is compliant with the new law while accessing the tools to assist you in adapting to this new reality.
The new state minimum wage law that takes effect on December 31, 2016, is tiered in its implementation and has different guidelines for various parts of the state. By clicking through the chart below, you can easily determine just how much you have to pay and when. You'll also find relevant media stories, links, information and FAQs. Have a question, you don't see answered here? Then call our Minimum Wage Resource Center Help Line (800.452.5212) where an expert can help guide you through your specific problem. While this hotline is an unlimited resource for New York State Restaurant Association Members, we also offer non-members one free phone session with our experts.
The New York State Restaurant Association has been empowering New York Restaurants to lead the world in creativity, culinary innovation, unrivaled hospitality and superior business innovation for more than 80 years. We've done this by keeping our Members ahead-of-the-curve--and the competition--by providing the best information, education, advocacy and essential services critical to running better restaurants. With the Minimum Wage Resource Center we look forward to continuing this tradition of Helping Restaurateurs Succeed!
Minimum Wage (effective 12/31/2016)
Reminder! Employers must give all employee’s one week’s notice for wage rate change!
Violations of any provision or lawful order of the Department of Labor is a misdemeanor and is punishable by fine or imprisonment, or both. The Labor Law also provides for the imposition of civil penalties for each violation of labor law governing the employment of minors under 18 years of age by an employer. Additionally, an employer may not penalize or discharge an employee because he or she has complained to the Labor Department that the employer has violated any provision of the Labor Law.
Cost of Non-Compliance
• First violation – $1,000
• Second violation – $2,000
• Third and subsequent violation – $3,000
• Penalty for injury or death - Triple the maximum penalty allowed under the law
• $10,000* for each violation of the labor provisions regarding minors or any of its regulations
• Minimum wage underpayments
• Interest and civil penalties up to 200 percent of the unpaid wages
• Increases Wage Theft Prevention Act (WTPA) penalty for retaliation from $10,000 to $20,000
• Increase WTPA penalty for unpaid wages from 25% to 100% of unpaid wages
• Employer must pay additional 15% if not paid in full by 90 days
*This penalty is in addition to those provisions for fines, imprisonment, or restraint by injunction.
An employer who fails to pay wages or benefits will be fined the interest charges (at the rate of interest then in effect) from the date of underpayment to the date of payment. There may also be subject to the imposition of a civil penalty.
Where an employer has previously been found in violation, or where the current failure to pay wages or benefit is found to be willful or egregious, the civil penalty is to equal twice the total amount found due.
Any employer who pays their employees a different rate of pay because of sex will be fined by the State $500 for each case. These fines will be recovered by the commissioner in any legal action necessary, including administrative action or a civil action.
Every employer who does not pay the wages of all of their employees, in accordance with the provisions of new minimum wage regulations, will face a misdemeanor and risk being fined up to $20,000 or even face imprisonment for a first offense. For a subsequent offense within six years of the first, the employer will be charged with a felony, fined, and face imprisonment for each offense.