As part of its goal of phasing in a $15 minimum wage for all employees in New York, the State began implementing annual increases in 2016 across all regions.  The annual increases are published by the Commissioner of Labor on or about October 1 of each year, and are based on percentage increases determined by the State’s Division of the Budget (DOB), the primary fiscal advisor to the Governor. The increases are based on various economic indices, including the Consumer Price Index.

In its 2023 Minimum Wage Report, issued on September 30, 2022, DOB recommended a $1 minimum wage increase—to $14.20 per hour—for all counties outside New York City, Long Island, and Westchester, beginning December 31, 2022. Minimum wage in the three Downstate regions remains at $15 per hour.

Labor Commissioner Roberta Reardon accepted DOB’s recommendation, and by order dated September 30, 2022, implemented the Upstate minimum wage increase effective 30 days after notice being filed in at least ten New York newspapers of general circulation.   (The Governor and Labor Commissioner do not need the Legislature’s consent to implement minimum wage increases—they are authorized to do so administratively, through wage orders.)  Notice of adoption of the increases was published in the New York State Register on December 28, 2022.

Along with the minimum wage increase, a number of other corresponding thresholds will increase for Upstate workers come December 31, including allowances for meals, lodging, and utilities; tip credits; and uniform maintenance pay.  In addition, the DOL has proposed an increase in the minimum salary for exemption of executive and administrative employees (from $990 to $1,064.25 per week).  Unlike federal law, New York has no minimum salary for exemption of professional employees—so the federal minimum weekly salary of $684 per week will govern.

The increases will be codified in 12 NYCRR Parts 141 (Building Service Industry), 142 (Miscellaneous Industries), 143 (Certain Nonprofit Making Institutions), and 146 (Hospitality Industry).  A copy of the proposed regulatory text, reflecting all increases, is here.

Proskauer’s Wage and Hour Group is comprised of seasoned litigators who regularly advise the world’s leading companies to help them avoid, minimize, and manage exposure to wage and hour-related risk.  Subscribe to our wage and hour blog to stay current on the latest developments.

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Photo of Allan Bloom Allan Bloom

Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages…

Allan S. Bloom is a nationally recognized trial lawyer and advisor who represents management in a broad range of employment and labor law matters. As a litigator, Allan has successfully defended a number of the world’s leading companies against claims for unpaid wages, employment discrimination, breach of contract and wrongful discharge, both at the trial and appellate court levels as well as in arbitration. He has secured complete defense verdicts for clients in front of juries, as well as injunctions to protect clients’ confidential information and assets.

As the leader of Proskauer’s Wage and Hour Practice Group, Allan has been a strategic partner to a number of Fortune 500 companies to help them avoid, minimize and manage exposure to wage and hour-related risk. Allan’s views on wage and hour issues have been featured in The New York TimesReutersBloomberg and Fortune, among other leading publications. His class-action defense work for clients has saved hundreds of millions of dollars in potential damages.

Allan is regularly called on to advise boards of directors and senior leadership on highly sensitive matters such as executive transitions, internal investigations and strategic workforce planning. He also has particular expertise in the financial services industry, where he has litigated and arbitrated cases, including at FINRA and its predecessors, for more than 20 years.
A prolific author and speaker, Allan was the Editor of the New York State Bar Association’s Labor and Employment Law Journal from 2012 to 2017. He has served as an author, editor and contributor to a number of leading treatises in the field of employment law, including ADR in Employment Law (ABA/Bloomberg BNA, Senior Editor), Employment Discrimination Law (ABA/Bloomberg BNA, Final Proof Editor), Cutting Edge Advances in Resolving Workplace Disputes (Cornell University/CPR, Editor), The Employment Law Review (Law Business Research, U.S. Chapter Author), and The Complete Compliance and Ethics Manual (SCCE, Chapter Author).

Allan is a member of the NYSBA’s House of Delegates, sits on the Executive Committee of the NYSBA’s Labor and Employment Law Section, and is a Fellow of the College of Labor and Employment Lawyers. He has been recognized as a leading practitioner by Chambers since 2011.