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Author: Scarinci Hollenbeck, LLC
Date: April 22, 2016
The Firm
201-896-4100 info@sh-law.comNew York Governor Andrew Cuomo recently signed legislation enacting a statewide $15 minimum wage plan. The state joins California with the highest minimum wage in the nation. This increase is the second significant increase in wages within three months. As will be seen below, the increases are complicated and may be difficult for employers to implement.
As of December 31, 2015, the Minimum Wage Act (Article 19 of the New York State Labor Law) required that all employees in New York State receive at least $9.00 per hour, including domestic workers.
Additionally, Regulations known as “Wage Orders” set additional requirements that are industry specific:
The recently increased New York minimum wages will be phased in over time and will vary geographically:
Beginning in 2019, the State DOB Director will conduct an annual analysis of the economy in each region and the effect of the minimum wage increases statewide to determine whether a temporary suspension of the scheduled increases is necessary. That analysis will be submitted to the Department of Labor by the Division of Budget for possible further action.
In addition to the substantial economic burden that these increases pose for NY employers, the layering of rates and scenarios, as well as differing geographic impacts, will add to the complexity of compliance.
The concept of “fast food chain” wage requirements is new. New York provides the following advice concerning the parameters applied to this targeted employer group:
Q: What is a Fast Food Establishment?
A: A Fast Food Establishment is any business that meets the following criteria:
The list above summarizes several definitions that are published in 12 NYCRR § 146-3.13, which should be consulted for the full and complete terms.”
The effects of these increases and whether these increases will truly benefit the workers to receive such increases, remains to be seen. Many employers that operate with thin profit margins may either close or find ways to reduce labor costs. The unfortunate result may be less employment and no net increase in the goal of providing workers with a “living wage.”
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