New York's minimum wage provisions apply to all employees except the following:
• Volunteers at a recreational or amusement event that lasts less than 8 consecutive days. (The employer must keep a copy of the volunteer's written waiver of minimum wage rights.)
• Part-time babysitters in the employer's home.
• Live-in companions for the elderly or disabled.
• Volunteer learners, apprentices, students, or handicapped individuals working for certain nonprofit institutions.
• Members of a religious order; ordained, commissioned, or licensed ministers, priests, or rabbis; sextons; or Christian Science readers.
• Employees of a religious or charitable institution whose work is incidental to or in return for charity.
• Students working for a religious, educational, or charitable institution if such individual is a student in or for the institution and whose earning capacity is impaired by age or physical or mental deficiency or injury.
• Employees of a summer camp or conference of a religious, educational, or charitable institution for not more than 3 months annually
• Counselors in children's camps.
• Students employed by nonprofit groups in colleges or universities.
• Members of religious orders.
• Certain workers who do predominantly intellectual, managerial, or creative tasks and exercise discretion and independent judgment. This includes certain professionals, executives, and administrative workers.
Interns. According to a December 2010 opinion letter issued by the New York Department of Labor, an ...