Minimum Wage and Salary Exemption Changes Effective Monday, January 1, 2024

Minimum Wage and Worker Wage Parity

As a reminder to our provider members, the new home care worker minimum wage and Wage Parity obligations are effective January 1, 2024. These new wage responsibilities apply to all home care worker hours, regardless of payor.

Recall that the State FY 2024 Budget included an agreement to increase New York’s minimum wage through 2026 and index it to inflation beginning in 2027.

Effective Monday, January 1, 2024, regional minimum home care worker wage rates and Worker Wage Parity amounts are below:

  • NYC Metro:
    • Home Care Worker Minimum Wage is $18.55
    • Worker Wage Parity is $2.54
  • Nassau, Suffolk, & Westchester Counties:
    • Home Care Worker Minimum Wage is $18.55
    • Worker Wage Parity is $1.67
  • All other regions:
    • Home Care Worker Minimum Wage is $17.55

If they haven’t already done so, HCP encourages our provider members to take immediate action to update their payroll systems accordingly.  

Take note that the state Department of Labor (DOL) is conducting a public awareness effort to remind New Yorkers about the minimum wage increase and encourage minimum wage workers to report missing wages. That effort will include digital outreach via social media, newsletters, and e-mail communications, as well as direct outreach to distribute informational flyers with partnering organizations.

Salary Exemptions

The New York State Department of Labor (DOL) has increased the minimum weekly salary for executive and administrative exemptions. Effective January 1, 2024, the minimum salary for overtime exemption for executive and administrative employees will be:

  • Downstate (New York City, Westchester, and Long Island): $1,200.00 ($62,400.00/year)
  • Upstate (all other regions): $1,124.20 ($58,458.40/year)

To be considered an exempt “executive” or “administrative” employee, that person must be paid on a salaried basis beyond the threshold AND must perform certain duties. Those requirements remain unchanged; only the dollar figure for the exemption has changed.

Note that New York’s salary threshold is higher than federal law. It is generally calculated as 75 times the current applicable minimum wage. Therefore, it increases with each minimum wage increase.