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 As of Jan. 1, 2007, the minimum wage in New York state is $7.15. The Division of Labor Standards in the state Department of Labor administers the law.

Employees who work more than 40 hours a week are entitled to overtime pay at one and one-half times their regular hourly rate. To be exempt from overtime, executives and administrative personnel must earn a minimum of $536.10 as of Jan. 1, 2007.

New York’s minimum wage can fluctuate depending on specific terms of employment. For example:

  • The building service industry bases its minimum wage rates on the number of units that workers service in residential buildings.
  • Employers must pay higher wages to workers who are required to maintain uniforms. (You may deduct specified amounts for providing housing or meals.)
  • Farm laborers working on a piece-rate basis must earn at least the minimum wage multiplied by the number of hours worked. For farm workers under age 18, minimum wage rates are lower and fluctuate depending on how many consecutive seasons they’ve worked for the same farmer.

(For more information on New York’s minimum wage law, go to www.labor.state.ny.us/workerprotection/laborstandards/workprot/minwage.shtm. To review and compare the federal wage-and-hour regulations under the Fair Labor Standards Act, go to www.dol.gov/flsa.) 

Excerpted from New York's 10 Most Critical Employment Laws, a special bonus report available to subscribers of HR Specialist: New York Employment Law.

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