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The minimum wage is currently $13.20 an hour. Farm workers also have a minimum wage of $13.20/hour, with a “farm work agreement” that determines how the wage is earned and working conditions.
Fast food workers have a minimum wage of $15.00 an hour.
*This minimum wage is for outside of New York City, Westchester and Long Island.
Year 2021 2022 Minimum Wage per hour $12.50 $13.20
*Outside of New York City
As of January 2021, New York State has not released information about further minimum wage increases outside of New York City.
-Tipped employees have a wage of $8.80 an hour with a minimum of $4.40 in tips OR paid by the employer
-The amount of tips earned or paid by the employer increases with the minimum wage
-Tipped employees are covered by overtime rules
-Employees that receive tips or gratuity may not have their tips demanded or accepted either directly or indirectly by an employer or on behalf of the employer
Temp workers have a right to:
–Be free from discrimination by BOTH the agency they use and the host employer
-Be provided with identical or equivalent safety training to host employer’s non-temp employees
-The minimum wage
Most workers are entitled to 1 1/2 times your regular wage for all hours worked over 40 in a week
There are exceptions from overtime for:
Most workers must be paid for their work within 7 days of the period in which it was earned.
You have the right under U.S. health and safety laws to:
-A workplace safe and free of recognized hazards -Raise health and safety concerns with your supervisor -File a complaint with OSHA about unsafe or unhealthy conditions -Refuse to do a job task that you reasonably think might put you in immediate danger -Not be discriminated against (fired, given a worse job, etc.) for reporting safety hazards (Whistleblower Protections) -Access to records of medical test and test that monitor you work environment for hazardous materials -Access to information about injuries and illnesses that happen in your workplace
-Be trained in a language you understand
-Know about hazards in your workplace
Title VII and the New York State Division of Human Rights protect employees from being discriminated against.
To file a discrimination claim, click here.
-Race -Color -National Origin -Religion -Gender -Disability -Military Status -Predisposing Genetic Characteristics -Familial Status -Martial Status -Domestic Violence Victim Status -Pregnancy -Political Activities (outside of work) -Recreational Activities (outside of work) -Sexual Orientation -Union Membership
It is illegal to penalize or fire an employee for making or filing a complaint to any government agency
An employer may not punish employees for reporting an employer to a government agency in good faith
An employer may be liable for retaliation for:
-Firing/laying off -Blacklisting -Demoting -Denying Overtime/Promotion -Failing to hire/rehire -Intimidation -Making threats -Reducing Pay -Reducing Hours -Discipling -Denying benefits -Reassignment affecting prospects for promotion
For more information on filing a complaint, click here or call the WNYCOSH Worker Center.
You are entitled to workers’ compensation insurance, even if you are paid “off-the-books” or “under-the-table”
You should complete an Employee Claim or C-3 form through your employer or you can receive assistance from the WNYCOSH Worker Center Hotline at (716) 206-3550.
For our Workers’ Compensation Guide, click here.
