N.Y. Comp. Codes R. & Regs. tit. 12 § 141-1.6

Current through Register Vol. 46, No. 19, May 8, 2024

Section 141-1.6 - Allowances for utilities

Utility service charges expended by the employer for the private use of an employee may be considered part of the minimum wage. Allowances for such charges shall not exceed:

(a) Gas - electricity.

(1) When the employee's apartment has its own exclusive gas or electric meter: full charge, as shown on the bill for a specific period.

(2) When the employee's gas or electric consumption is registered on the building line meter, or when gas or electric bills are not shown at the time of inspection:

(i) With refrigerator in:

(a) New York City for:

(1) Large employers of 11 or more employees:

$30.80 per month on and after December 31, 2016;

$36.40 per month on and after December 31, 2017;

$42.00 per month on and after December 31, 2018;

(2) Small employers of 10 or fewer employees:

$29.40 per month on and after December 31, 2016;

$33.60 per month on and after December 31, 2017;

$37.80 per month on and after December 31, 2018;

$42.00 per month on and after December 31, 2019;

(b) Remainder of downstate (Nassau, Suffolk and Westchester counties):

$28.00 per month on and after December 31, 2016;

$30.80 per month on and after December 31, 2017;

$33.60 per month on and after December 31, 2018;

$36.40 per month on and after December 31, 2019;

$39.20 per month on and after December 31, 2020;

$42.00 per month on and after December 31, 2021;

(c) Remainder of state (outside of New York City, Nassau, Suffolk and Westchester counties)

$27.15 per month on and after December 31, 2016;

$29.10 per month on and after December 31, 2017;

$31.10 per month on and after December 31, 2018;

$33.05 per month on and after December 31, 2019;

$35.00 per month on and after December 31, 2020;

$36.95 per month on and after December 31, 2021;

$39.70 per month on and after December 31, 2022.

(ii) Without refrigerator in:

(a) New York City for:

(1) Large employers of 11 or more employees:

$22.20 per month on and after December 31, 2016;

$26.20 per month on and after December 31, 2017;

$30.25 per month on and after December 31, 2018;

(2) Small employers of 10 or fewer employees:

$21.20 per month on and after December 31, 2016;

$24.20 per month on and after December 31, 2017;

$27.25 per month on and after December 31, 2018;

$30.25 per month on and after December 31, 2019;

(b) Remainder of downstate (Nassau, Suffolk and Westchester counties):

$20.15 per month on and after December 31, 2016;

$22.20 per month on and after December 31, 2017;

$24.20 per month on and after December 31, 2018;

$26.20 per month on and after December 31, 2019;

$28.25 per month on and after December 31, 2020;

$30.25 per month on and after December 31, 2021;

(c) Remainder of state (outside of New York City, Nassau, Suffolk and Westchester counties)

$19.55 per month on and after December 31, 2016;

$20.95 per month on and after December 31, 2017;

$22.40 per month on and after December 31, 2018;

$23.80 per month on and after December 31, 2019;

$25.20 per month on and after December 31, 2020;

$26.60 per month on and after December 31, 2021;

$28.60 per month on and after December 31, 2022.

(b) Telephone, when required by the employer-the amount in excess of the minimum billing rate.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 141-1.6

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016

Amended New York State Register December 28, 2022/Volume XLIV, Issue 52, eff. 12/31/2022