New York State’s minimum wage rate will soon be higher than the federal rate.

Thanks to recent legislation the New York State minimum wage rate will increase to $8.00 per hour starting December 31, 2013, and increase on an annual basis thereafter.

The new legislation increases the New York State

minimum wage to:

• $8.00 on and after December 31, 2013;
• $8.75 on and after December 31, 2014; and
• $9.00 on and after December 31, 2015.

The New York State minimum wage rate is currently the same as the federal rate, $7.25 per hour. According to the Department of Labor, there are currently four states that have a minimum wage set lower than the federal minimum wage. There are 22 states that have a minimum wage requirement that is the same as the federal minimum wage requirement (this currently includes New York). And, there are 5 states that do not have an established minimum wage requirement.

The new legislation, which provides the state’s first minimum wage increase since July 24, 2009, will put New York among the 19 other states (plus the District of Columbia) with a minimum wage higher than the federal rate.

Although legislation does not provide for an increase in the minimum wage applicable to food service and/or other tipped employees, it does allow the commencement of Wage Board discussions on increases for tipped employees.

The change in minimum wage rates will have a direct impact on the private employment of home health aides, and will hopefully increase the quality of life for all New Yorkers.