On October 19, 2016, the New York State Department of Labor published a proposed rule amending the Minimum Wage Orders codified at 12 NYCRR Parts 141, 142, 143, and 146, to implement the minimum wage increases passed by the Legislature earlier this year.  The changes will be effective beginning on December 31, 2016, and will affect minimum wage across the State as well as allowances for meals, lodging, utilities, tips, and uniforms.  The proposed rules also increase the weekly salary thresholds for exclusion from the wage orders as an executive or administrative employee.

The increases are not uniform across the State.  They are based on the geographical location where the work is performed (New York City, downstate, or remainder of state) and–for NYC only–the size of the employer (with smaller increases for employers of 10 or fewer employees).

The proposed new rules are subject to a 45-day public comment period.