The “upstate” minimum wage rate will be increasing from $12.50 to $13.20 effective December 31, 2021. Upstate employers paying minimum wage should ensure that this increase is effective for all work performed on December 31. The first date for when the new minimum wage rate will take effect is not January 1, 2022. As previously established, the minimum wage in Long Island and Westchester County will increase to $15.00/hour effective December 31, 2021.

Employers should consider the impact of the minimum wage increase on issues such as spread of hours, as the “credit” for the spread of hours will now decrease for non-exempt employees whose base wages are only slightly higher than the minimum wage.

Please let us know if you have any questions about these minimum wage changes.

View PDF