At a glance
- Minimum wage: $17.00 an hour. $17.00 in New York City, Long Island, and Westchester; $16.00 in the rest of the state.
- Tipped cash wage: Varies by region and industry. Food service workers in New York City, Long Island, and Westchester get a $11.35 cash wage in 2026, and $10.65 elsewhere; other tipped workers have different rules..
- Overtime: after 40 hours in a workweek.
- Final paycheck if fired: by the next regular payday.
- Paid sick leave: Yes. Paid family leave program: Yes.
What New York employers need to know
New York sets its minimum wage by region: $17.00 in New York City, Long Island, and Westchester, and $16.00 everywhere else in 2026, with inflation adjustments starting in 2027. It also has its own exempt salary thresholds, well above the federal level, spread of hours pay, required pay frequency for manual workers, and strict wage notice rules under the Wage Theft Prevention Act. Paid sick leave, prenatal leave, paid family leave, and disability insurance all apply.
New York minimum wage
| Minimum wage | $17.00 $17.00 in New York City, Long Island, and Westchester; $16.00 in the rest of the state. |
|---|---|
| Tipped cash wage | Varies by region and industry. Food service workers in New York City, Long Island, and Westchester get a $11.35 cash wage in 2026, and $10.65 elsewhere; other tipped workers have different rules. |
| Next change | Inflation adjustment (rate published by NYDOL) on January 1, 2027 |
Pay the highest rate that applies where the employee works: federal, state, or local. For comparison, neighboring states pay New Jersey ($15.92), Pennsylvania ($7.25), Connecticut ($16.94), Massachusetts ($15.00), Vermont ($14.42). See every state side by side in our minimum wage by state table, and convert between hourly and annual pay with the salary to hourly calculator.
New York overtime rules
Overtime after 40 hours in a week (44 hours for residential employees who live in). Spread of hours pay applies when a workday spans more than 10 hours.
Exempt salary test: Exempt executive and administrative employees must earn at least $1,275 a week ($66,300 a year) in New York City, Long Island, and Westchester, and $1,199.10 a week ($62,353.20) in the rest of the state in 2026.
Work out overtime owed with our overtime calculator, compare states in overtime laws by state, and check classification with our guide to exempt vs non-exempt employees.
New York meal and rest break laws
Meal breaks: A 30-minute meal period between 11 a.m. and 2 p.m. for shifts over 6 hours that span that window, plus additional meal periods for early-starting and late shifts. Factory workers get 60 minutes.
Rest breaks: No state rest break law for adults. Under federal law, short breaks of 5 to 20 minutes that you choose to give must be paid.
Many states have stricter break rules for minors. Compare adult rules nationwide in break laws by state, and total up shifts with the time card calculator.
New York final paycheck law
| If you fire or lay off the employee | By the next regular payday. |
|---|---|
| If the employee quits | By the next regular payday. |
| Unused vacation or PTO | Must be paid unless your written policy clearly says unused vacation is forfeited at separation. |
Build the deadline into your offboarding checklist. Our offboarding guide covers the full process, the PTO payout calculator works out the amount, and the final paycheck laws by state table compares every state.
New York paid sick leave and family leave
Paid sick leave: Paid sick leave based on size: up to 40 hours unpaid for 4 or fewer employees with net income of $1 million or less, 40 hours paid for 5 to 99 employees, and 56 hours paid for 100 or more. Plus 20 hours of paid prenatal leave since 2025.
Paid family and medical leave: New York Paid Family Leave (employee-funded, up to 12 weeks) and statutory disability insurance (DBL).
Federal FMLA: employers with 50 or more employees within 75 miles must also give eligible employees up to 12 weeks of unpaid, job-protected leave. Read our FMLA guide, and compare states in paid leave laws by state.
Hiring, pay transparency, and payroll setup
Pay transparency: Required for employers with 4 or more employees: pay range in every posting, including remote jobs that report to a New York supervisor.
New hire reporting: Report each new hire within 20 days of the hire date, the federal deadline.
State income tax withholding: Yes. Register with the state tax agency before the first payroll.
State disability insurance: New York requires temporary disability insurance coverage, funded at least in part through payroll.
Our pay transparency laws guide explains posting rules in more depth, and our job description templates include pay data for 50 common roles.
What trips up New York employers
- Manual workers must generally be paid weekly, and late pay has led to large lawsuits.
- Give every new hire a written wage notice (LS 54 or the right variant) in English and their primary language.
- Exempt salary thresholds are far above the federal level and differ by region.
- Pay ranges are required in postings for employers with 4 or more employees.
Sources and the agency to contact
- New York State Department of Labor (state labor agency)
- US Department of Labor: state minimum wage laws
- US Department of Labor: minimum wages for tipped employees by state
- US Department of Labor: state meal period requirements
General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.
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<a href="https://www.hrtally.com/state-labor-laws/new-york/">New York labor laws for employers (2026)</a> (source: HRTally)
Suggested citation: HRTally Research Team. "New York labor laws for employers (2026)." HRTally, updated October 20, 2026. https://www.hrtally.com/state-labor-laws/new-york/
Frequently asked questions
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Written by the HRTally Research Team
Our guides are written and reviewed by people with hands-on US HR, payroll, and HR technology experience. Legal and tax facts are checked against primary sources, such as the Department of Labor, IRS, EEOC, and USCIS, and linked at the end of each guide. Vendors never review or pay for our editorial content.