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ARTICLE · 01 APRIL 2024

Minimum Wage And Overtime Requirements Under The NY Minimum Wage Act, Exceptions, And Enforcement

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While the Fair Labor Standards Act (FLSA) sets minimum wage payment requirements at the federal level, states are free to enact their own minimum wage requirements.

United StatesEmployment and HR
Andreas Koutsoudakis
Andreas Koutsoudakis
Alexander Kalogeras
Alexander Kalogeras
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While the Fair Labor Standards Act (FLSA) sets minimum wage payment requirements at the federal level, states are free to enact their own minimum wage requirements. A state may not, however, set its minimum wage below the federal standard. In New York, for example, the minimum wage rate is higher than the federal minimum wage rate.

Pursuant to the New York Minimum Wage Act, the minimum wage in New York differs depending on the employer's location and industry, as well as the employee's duties. However, in all locations, the New York State minimum wage is higher than that of the FLSA and is among the highest in the country. In New York City and Nassau, Suffolk, and Westchester Counties the minimum wage is $15.00 per hour. In the rest of the state the minimum wage is $14.20 per hour but is scheduled for annual increases until it reaches $15.00 per hour.

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