For example, if your regular rate is $10/hour, you must be paid $15 for each overtime hour. If you work over 40 hours in a week, you must be paid 1 1/2 times your regular rate for each overtime hour. This is a complex area of labor regulation for a complete description of farm labor rules, go to What is Overtime, and How Much Must I Be Paid? If you work more than 60 hours in one week, your employer must pay you 1½ your hourly wage. Unlike workers in other sectors, farmworkers may be paid the minimum wage for work up to 60 hours per week. In general, farmworkers are also covered by the $12.50/hr minimum wage, as long as the total wages paid by the employer to all workers for the year is at least $3,000. To calculate the minimum wage for your industry, check out NY DOL’s wage calculator tool. For example, if you earn an average of $4.15/hour in tips, you must also receive an hourly rate of $8.35 to ensure a minimum of $12.50 for each hour worked if you average $2.00/hour in tips, your cash wage must be at least $10.50 if you earn $6.00/hour in tips, your cash wage cannot fall below $8.35 in this case, your hourly earnings would be $14.35/hour and so on. But in no case can your cash wage from the employer fall below $8.35/hour.

However, your employer may use the tips you receive up to $4.15/hour to adjust your cash wage.

If you work in a restaurant and regularly receive tips as part of your work, your total earnings cannot fall below the minimum wage. If you are uncertain whether you are covered by the fast-food minimum wage, you can learn more about the criteria here. This will increase to $15.00/hour on July 7, 2021. If you work at a fast-food restaurant, you must be paid at least $14.50 per hour.

There are a few exceptions to this requirement: part-time babysitters, camp counselors, and food service workers.įast food employers are required to pay a higher minimum wage than the standard $12.50/hour. Generally, even if you get paid on a piece-rate basis, your pay must average at least the minimum wage for all hours worked in a given week. This rate is going to increase each year until it reaches $15.00 the annual increases are published on or before October 1. You must be paid at least $12.50 an hour for any work you do up to 40 hours a week.

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