State Agencies Bulletin No. 2085

Subject
December 2022 Increase to Minimum Wage
Date Issued
December 7, 2022

Purpose:

The purpose of this bulletin is to inform agencies of OSC’s automatic processing of the December 2022 minimum wage increases for hourly employees and provide instructions for payments not processed automatically, including increases for employees whose annual salary is below the annualized equivalent of the minimum wage for their work location.

Affected Employees:

Employees in hourly or annual positions who meet the eligibility criteria are affected.

Background:

Chapter 54 of the Laws of 2016 increased the New York State minimum wage for employees in non-governmental positions. The Director of the Budget establishes the pay rate for State seasonal and other non-statutory positions paid using an hourly rate.

In accordance with the following Budget bulletin the minimum hourly wage is to increase as noted:

Division of the Budget (DOB) Bulletin G-1043, issued 10/12/2022, authorizes the minimum hourly wage be increased for seasonal and other non-statutory positions to:

  • $14.20 for State employees in all other job locations, effective 12/31/2022.
  • Employees of the State University of New York (SUNY), City University of New York (CUNY), and of the State University Construction Fund are excluded.

The minimum hourly wage for State employees whose job location is within the five boroughs of New York City (NYC), effective 12/31/2018, and in the counties of Nassau, Suffolk and Westchester, effective 12/31/2021 will remain at $15.00.

In addition, eligible full or part-time annual employees should receive at least the annualized equivalent of the minimum hourly rate associated with their position location (hourly rate x 2088 = annualized equivalent).

Effective Dates:

The December 2022 minimum wage increase for hourly employees will be processed using the following effective dates and check dates:

Pay Cycle/Pay Period Type Effective Date Check Date
Institution 21 Current 01/12/2023 01/26/2023
Institution 21 Lag 01/12/2023 02/09/2023
Institution 21 Extra Lag 01/05/2023 02/09/2023
Administration 21 Current 01/05/2023 01/18/2023
Administration 21 Lag 01/05/2023 02/01/2023
Administration 21 Extra Lag 01/12/2023 02/15/2023

These effective dates must be used for manually processed transactions.

Eligibility Criteria:

Employees with a Pay Rate Code of HRY on or after the appropriate effective date and an hourly rate less than the amount provided on the chart below are eligible for the 2022 minimum wage increase:

Position Location by County Minimum Hourly Wage
Job location in NYC $15.00 (effective 12/31/2018) will continue
Nassau, Suffolk, or Westchester County $15.00 (effective 12/31/2021) will continue
Other (job location outside of NYC, Nassau, Suffolk, or Westchester Counties) $14.20

Employees with a Pay Rate Code of ANN on or after the appropriate effective date and a salary less than the annualized equivalent of the minimum hourly rate for their work location are eligible to receive an increase to the appropriate annualized minimum.

OSC Actions:

OSC will process the December 2022 minimum wage increase for hourly employees as follows:

If the employee meets the eligibility criteria and has a Payroll Status of Active, Leave with Pay, or Leave of Absence on the appropriate effective date, OSC will automatically insert a row on the employee’s Job Data page using the appropriate effective date and Action/Reason code of Pay Rate Change/MWH (Minimum Wage Hourly) and will increase the employee’s hourly rate to the new minimum hourly wage of $14.20.

Agency Actions – Annual Employees:

Agencies must submit a Pay Change on the Job Action Requests page using the Reason code MWS (Minimum Wage Salary) and the appropriate effective date as indicated on the above chart to increase the annual salary of eligible employees whose salary falls below the annualized equivalent of the minimum wage associated with their position location as follows:

Position Location by County Annualized Rate/Associated Hourly Rate
Job location in NYC $31,320/$15.00 (effective 12/31/2018) will continue
Nassau, Suffolk, or Westchester County $31,320/$15.00 (effective 12/31/2021) will continue
Other (job location outside of NYC, Nassau, Suffolk, or Westchester Counties) $29,650/$14.20

Questions:

Questions regarding this bulletin may be directed to the Payroll Earnings mailbox.