Minimum Wage Preemption: Buffalo vs Clarence
How do minimum wage preemption rules compare between Buffalo, NY and Clarence, NY?
Buffalo and Clarence have similar restriction levels.
Buffalo, NY
Erie County
Buffalo's minimum wage is set entirely by New York State under Labor Law Section 651, currently $15 per hour for upstate (including Buffalo and Erie County) as of 2024, with annual indexed increases tied to inflation thereafter.
View full Buffalo rules →Clarence, NY
Erie County
New York Labor Law §652 sets a tiered statewide minimum wage that preempts local minimum wage ordinances. As of 2024 the rate is $16.00/hr in NYC, Long Island, and Westchester County, and $15.00/hr in the rest of the state. The Legislature blocked NYC from setting a higher local wage.
View full Clarence rules →Key Facts Comparison
| Fact | Buffalo | Clarence |
|---|---|---|
| State law | NY Labor Law 651 | - |
| Upstate minimum | $15.00 (2024) | - |
| Indexing starts | 2027 | - |
| Local preemption | Yes statewide | - |
| - | - |
Highlighted rows indicate differences between cities.
Buffalo FAQ
Can Buffalo set a higher minimum wage?
No. New York Labor Law section 651 occupies the field statewide. Buffalo cannot raise the general minimum wage but can set living-wage requirements for its own contractors.
Is the upstate minimum wage going up again?
Yes. After the scheduled $15 floor in 2024 and step-ups in 2025-2026, New York indexes the minimum wage annually to inflation starting in 2027 under recent budget law.
Clarence FAQ
What is the minimum wage in New York?
As of 2024: $16.00/hr in NYC, Long Island (Nassau/Suffolk), and Westchester County. $15.00/hr in the rest of the state. Rates will be indexed to CPI-W starting January 2027.
Can New York City set a higher minimum wage?
No. Labor Law §652(4) preempts local minimum wage ordinances. Only the State Legislature can raise the minimum wage. NYC has tried multiple times and been blocked.
What is the tipped minimum wage in NYC?
Food service workers earn $10.65/hr cash wage plus a $5.35 tip credit, totaling $16.00/hr. If tips don't bring the worker to $16/hr, the employer must make up the difference.
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