Employers with businesses in New York State need to be aware of all the different rules and regulations regarding processing payroll. When it comes to New York Payroll Law and processing, employers need to stay compliant with laws regarding employee pay and minimum wage, overtime, salary disclosure, payroll deductions, and more.
To make it slightly more challenging, regulations may depend on where your business or your employees are located in the state. The following guide can help employers process payroll in New York while maintaining compliance.
Employers with businesses or employees anywhere in New York (Upstate, New York City, Westchester, Etc.) must generally be aware of the following laws and regulations in order to successfully and legally process payroll in the state:
While the current federal minimum wage is $7.25 per hour, New York minimum wage depends on where an employer’s business is located in the state, with the exception of some remote workers and employees that perform work in varying locations.
Under New York State minimum wage law, all New York City, Long Island, and Westchester employees must be paid the minimum wage of $15 as of 12/31/22. However currently, for the remainder of New York State, the minimum wage is only $14.20*.
UPDATE 11.14.24: New York State Minimum Wage for 2024 is $16.00 per hour for New York City, Long Island County, and Westchester County as of January 1st, 2024, and $15.00 per hour for the remainder of the state. While nothing has yet been announced regarding new minimum wages for tipped employees, employers should note that previously required cash wages and tip credits were equal to the regular minimum wage in each respective location. This will likely be the same for 2024.
Businesses should be aware of specific minimum wage requirements for New York tipped employees throughout the state.
Also important for employers to remember is that currently, regardless of location, the minimum wage for all fast food workers in New York is $15.00 an hour.
Also included in the New York State Minimum Wage Order, are requirements for overtime pay. These requirements are in addition to those included in the Fair Labor Standards Act (FLSA).
In New York, most employees receive a rate of pay of 1 ½ times their regular hourly rate for all hours worked over 40 in a workweek. In some cases, certain residential employees must work over 44 hours in a workweek to receive overtime pay.
Companies may also have agreements or contracts in place that call for greater overtime payments than those required by law. If so they must adhere to the guidelines they set in place.
New York overtime laws apply to all individuals employed or permitted to work by an employer in any occupation, excluding the occupations listed below.
The following occupations are exempt from overtime pay in the state of New York under both state and federal law:
In some cases, certain occupations that are exempt from overtime pay under FLSA are covered under New York law, yet overtime compensation is 1 ½ times the state minimum wage regardless of the employee's regular rate of pay.
Also important to be aware of, is that while government employees are not covered by state requirements, charter schools, private schools, not-for-profit corporations, and employees working for school districts (non-teachers only) are covered.
Important for employers to remember is the following forms of compensation are not considered part of an employee's regular rate of pay and should not be used in determining overtime rates:
New York employers must be in compliance with the New York Frequency of Pay law when processing payroll.
In order to stay compliant, employers must pay manual workers weekly, and clerical workers at least twice per month. However, employers that meet certain criteria may apply to pay manual workers less frequently than once per week.
The following occupations are exempt from the standard regulations of pay frequency:
Employers can find more information on the New York Frequency of Pay law FAQ.
When it comes to salary disclosure in New York, employers need to be aware of the New York State Salary History Ban, which works to help promote pay equity in the state of New York.
The Salary History Ban prevents all employers in the state from inquiring about the salary and compensation history of any potential new hire or current employee. Businesses and employers are also prohibited from seeking that information from a third-party source. The law applies to all forms of compensation, including benefits.
Employers are also prohibited from using an applicant’s salary history information (if voluntarily disclosed) to determine whether or not to hire or interview them.
Employees that wish to file a complaint against a violation of the law may do so via the Department of Labor’s Division of Labor Standards.
Companies in New York must adhere to the FLSA when it comes to paying employees for travel time. As a result, when it comes to travel time pay in New York, whether or not time is compensated depends on the type of travel.
In comparison to other areas of New York payroll processing, New York Final Pay is much more straightforward. Upon termination, employers must pay employees by the regularly scheduled payday for the last pay period worked.
Employees have the right to request that their final wages be mailed. If so, employers must honor the request.
Before terminating an employee, employers should ensure they understand the rules of New York At-Will Employment Law.
New York does not require that employers pay out any unused benefits or things such as PTO.
However, any employer that includes payment of unused benefits in their terms of employment must uphold their established policy and pay out any unused and accrued benefits.
Generally, when it comes to New York payroll deductions, employers are not allowed to deduct any portion of an employee's wages, with a few legal exceptions, when processing payroll.
Typically employers may deduct from employee wages so long as the deduction is in accordance with the provisions of any law or any rule or regulation issued by any governmental agency.
Employers may also deduct from employee wages if:
Important for employers to remember is no charges may be made to an employee unless such a charge is permitted as a deduction from wages.
Employers in the state need to be aware of their responsibilities regarding New York unemployment tax. One of the most important responsibilities that employers have is the obligation to provide information to their employees to help them complete the unemployment insurance benefits application, using Form IA 12.3.
Starting in the first week of each year, employer accounts are chargeable under the standard provisions of the New York State Unemployment Insurance Law.
Businesses can find more information on the New York 2024 SUI Tax Rates and 2023 Tax Rates as well as common questions regarding New York SUI, here.
According to New York Withholding tax rules, employers are required to withhold and pay personal income tax on:
Exceptions to personal income tax include:
Employers operating in the state of New York, according to withholding requirements, must withhold tax for:
Social Security tax is collected in the form of a payroll tax mandated by the Federal Insurance Contributions Act (FICA) or a self-employment tax mandated by the Self-Employed Contributions Act (SECA).
Effective as of January 1, 2022, the Social Security Administration (SSA) announced maximum earnings subject to the Social Security payroll tax have increased by 5.9 percent to $147,000.
The tax rate for Social Security or OASDI is 6.20% (or more commonly viewed as a combined rate of 7.65% when coupled with Medicare). The self-employed combined rate is 15.30%.
The IRS announced changes to 401(k) limits and planning. Employees in 2024 may contribute up to $23,000, up from $22,500 for 2023.
The contribution limit applies to employees with 401(k)s, 403(b)s, most 457 plans, and Thrift Savings Plans.
The New York State Wage Theft Prevention Act (WTPA) requires employers to give written notice of wage rates to each new hire as well as give notice when there are changes in the information on the pay notices.
Processing payroll can be a difficult task for any business in the country, but for companies operating in New York, that task can be especially challenging. Companies that fall out of compliance may find themselves facing serious New York labor law penalties and fines.
New York employers who are struggling with payroll processing compliance, or who are stuck with slow manual payroll processing, may want to consider making the switch to a modern New York payroll solution. Employers can explore how to get started with a paperless payroll system today.
Alternatively, New York businesses may want to consider seeking help from a New York Payroll Software Provider for simple and easy payroll processing.
To learn more about how EBC HCM is already helping countless companies across New York process payroll, contact us today.