The New York Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. In New York, the minimum wage is strictly dictated by the geographic region where the employee performs their work.

Regional minimum wage rates (effective Jan 1, 2026)

• New York City: $17.00 per hour

• Long Island (Nassau & Suffolk Counties): $17.00 per hour

• Westchester County: $17.00 per hour

• Remainder of New York State (Upstate): $16.00 per hour
  

App-based delivery workers (New York City only)

New York City enforces a specific, much higher minimum pay rate for independent contractors delivering for third-party restaurant and grocery apps (such as UberEats, DoorDash, and Instacart).

• Current rate: $21.44 per hour (before tips).

• Upcoming increase: This rate will increase to $22.13 per hour effective April 1, 2026.

  • Compliance note: following recent NYC Council legislation, this minimum pay standard now legally applies to both restaurant couriers and grocery delivery workers.

→ Learn more about Deputy's labor law compliance software

In New York, paying a sub-minimum cash wage (using a "tip credit") is strictly limited to the Hospitality Industry (restaurants and hotels). Employers in all other industries (such as salons or retail) must pay the full standard minimum wage, regardless of tips earned.

Within the hospitality sector, rates are determined by the employee's specific job duties and their geographic location.

Downstate (New York City, Long Island, and Westchester)

• Food service workers:

  • Waitstaff, bartenders, bussers: $11.35 per hour (maximum tip credit: $5.65/hour)

• Service employees:

  • Coat check, delivery, bellhops: $14.15 per hour (maximum tip credit: $2.85/hour)

• Upstate (remainder of New York State):

  • Food service workers: $10.70 per hour (maximum tip credit: $5.30/hour)

  • Service employees: $13.30 per hour (maximum tip credit: $2.70/hour)
    

Critical compliance guardrails

• The tip guarantee: If an employee’s base cash wage plus their actual tips do not equal the full standard minimum wage for their region (e.g., $17.00 Downstate or $16.00 Upstate), the employer is legally required to make up the difference.

• The 80/20 rule: Employers cannot take a tip credit on any day where a tipped worker spends more than 2 hours, or more than 20% of their total shift, performing non-tipped side work. The employee must be paid the full standard minimum wage for those days.

New York enforces strict overtime regulations that often supersede federal law. Employers must comply with whichever law—state or federal—provides the greatest benefit to the employee.

The 40-hour rule

• Standard non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 in a single, 7-day workweek. (Note: Certain residential employees only receive overtime after 44 hours).

Who is covered? (the non-profit and school rules)

While state and local government employers are exempt from New York’s overtime requirements, the state explicitly mandates that the following entities are considered private employers and must pay overtime to non-exempt staff:

• Charter schools

• Private schools

• Not-for-profit corporations

• Non-teachers working for public school districts

New York enforces some of the most complex break laws in the country, strictly categorizing meal times by industry, shift length, and the time of day the shift occurs.

Unpaid meal breaks (NYSLL § 162)

These mandatory meal periods are unpaid, provided the employee is completely relieved of all work duties.

• Non-factory workers: * Shifts over 6 hours: Must receive a 30-minute meal period between 11:00 AM and 2:00 PM.

  • Shifts starting between 1:00 PM and 6:00 AM: Must receive a 45-minute meal period midway through the shift.

• Factory workers: * Shifts over 6 hours: Must receive a 60-minute meal period between 11:00 AM and 2:00 PM.

  • Shifts starting between 1:00 PM and 6:00 AM: Must receive a 60-minute meal period midway through the shift.

• The "evening shift" additional break (all workers): Any employee whose shift starts before 11:00 AM and continues past 7:00 PM must receive an additional 20-minute meal period between 5:00 PM and 7:00 PM. (Note: The NY Department of Labor may issue written waivers permitting shorter meal breaks, but this waiver must be posted at the workplace entrance).
  

Rest breaks & paid lactation leave

• General rest breaks: New York does not mandate general rest or coffee breaks. However, if an employer chooses to offer short breaks (under 20 minutes), federal law requires that they be paid.

• Lactation breaks (mandatory pay): Under recent updates to NYLL § 206-c, employers must provide 30 minutes of PAID break time each time an employee has a reasonable need to express breast milk (for up to three years following childbirth).
  

Scheduling rules: "spread of hours" and "day of rest"

• Spread of hours pay: If an employee’s workday spans more than 10 hours from start to finish (including all working time plus unpaid meal breaks), the employer must pay the employee for one additional hour at the state minimum wage for that day.
  

• One day of rest in seven: Employers operating factories, hotels, restaurants, and certain commercial buildings must provide their employees with at least 24 consecutive hours of rest in every calendar week.

→ Find out how Deputy can help you simplify meal and rest break compliance

New York mandates highly specific paid sick and family leave programs, though it leaves standard vacation and holiday policies largely up to the employer.

Vacation leave

• No state mandate: New York does not require private employers to provide paid or unpaid vacation time.

• The payout rule: If you choose to offer paid vacation, you must establish a written policy detailing how it is earned and forfeited. Under New York law, if your policy is silent on termination payouts, you are legally required to pay the employee for all accrued, unused vacation time in their final paycheck.
  

New York State Paid Sick Leave (NYPSL) 

All private employers in New York must provide sick leave. The amount and whether it is paid depends on the employer's size and net income:

• 100+ employees: Up to 56 hours of PAID sick leave per year.

• 5 to 99 employees: Up to 40 hours of PAID sick leave per year.

• Under 5 employees (net income over $1M): Up to 40 hours of PAID sick leave per year.

• Under 5 employees (net income under $1M): Up to 40 hours of UNPAID sick leave per year.

• Accrual and frontloading: Employees accrue 1 hour of leave for every 30 hours worked. Alternatively, employers can bypass tracking by "frontloading" the entire 40 or 56 hours at the start of the year.
  

Paid prenatal personal leave (active as of 2025)

• The mandate: In addition to standard NYPSL, all employers must provide pregnant employees with up to 20 hours of paid prenatal personal leave annually.

• Usage: This specific leave can be used in hourly increments for pregnancy-related healthcare, fertility treatments, or end-of-pregnancy appointments.
  

New York Paid Family Leave (PFL)

• The requirement: New York mandates a Paid Family Leave program allowing eligible employees to take up to 12 weeks of paid, job-protected leave to bond with a new child, care for a sick family member, or assist when a spouse is deployed abroad.

• Payroll funding: Unlike sick leave (which the employer pays out of pocket), PFL is funded by a mandatory employee payroll deduction. Employers must ensure their payroll systems are configured to withhold the current year's PFL contribution rate from employee paychecks. (Note: the separate NY COVID-19 Emergency Leave law officially expired in 2025 and is no longer active).
  

Holidays

• Private employers in New York are not legally required to provide paid holidays, unpaid time off for holidays, or premium pay (time-and-a-half) for working on a recognized holiday.
  

→ Learn more about Deputy's leave management software

All minors under 18 must obtain an Employment Certificate (Working Papers) before starting work. Employers must keep this certificate on file at the worksite. (Note: The NYSDOL is currently transitioning this to a fully mandatory electronic portal system by 2027).

General school hour restrictions

• Minors of any age cannot work during standard local public school hours unless they have officially graduated or withdrawn.

• If a minor is home-schooled, they still cannot work during the hours their local public school is in session.
  

Laws for minors 14–15 years old

• When school is in session (* max 3 hours on school days):

  • Max 8 hours on non-school days (weekends/holidays).

  • Max 18 hours per week / 6 days per week.

  • Curfew: may only work between 7:00 AM and 7:00 PM.

• When school is not in session (summer):

  • Max 8 hours per day / 40 hours per week / 6 days per week.

  • Curfew: may work between 7:00 AM and 9:00 PM (From June 21st through Labor Day).
    

Laws for minors 16–17 years old

• When school is in session:

  • Max 4 hours on days preceding a school day (Mon-Thurs).

  • Max 8 hours on Fridays, weekends, and holidays.

  • Max 28 hours per week / 6 days per week.

  • Curfew: may work between 6:00 AM and 10:00 PM on school nights.

  • (Exception: they may work until Midnight on a school night ONLY IF the employer has both written parental consent AND a certificate of satisfactory academic standing from the minor's school on file).

• When school is not in session (summer):

  • Max 8 hours per day / 48 hours per week / 6 days per week.

  • Curfew: may work between 6:00 AM and midnight.

(For industry-specific exceptions—such as child performers or farm laborers—please consult the NYSDOL official guidelines).

The City of New York enforces the Fair Workweek Law to ensure stable incomes and predictable schedules for hourly workers. The rules, and the financial penalties for violating them, differ significantly between the retail and fast food sectors.

Fair Workweek: New York City Retail

Retailers operating in NYC must adhere to strict advance notice rules. Unlike fast food, retail does not require "premium pay" for schedule changes; instead, last-minute mandatory changes are simply prohibited.

• 72-Hour advance notice: Employers must provide workers with their written work schedule at least 72 hours (3 days) before the first shift on the schedule. The schedule must cover at least 7 days.
  

• No "on-call" shifts: Employers are strictly prohibited from scheduling retail employees for on-call shifts.
  

• No last-minute cancellations: Employers cannot cancel a scheduled shift with less than 72 hours' notice.
  

• Consent for added hours: Employers cannot add hours or new shifts with less than 72 hours' notice unless the employee explicitly consents in writing.
  
  

Fair Workweek: New York City Fast Food

Fast food establishments (defined as part of a chain with 30 or more locations nationally) face some of the strictest scheduling laws in the country.

• 14-Day advance notice: Employers must provide regular work schedules that stay consistent week-to-week, posted at least 14 days in advance.

• Schedule change premiums: If an employer changes the schedule with less than 14 days' notice, they must pay the employee a schedule change premium ranging from $10 to $75 per change, depending on the amount of notice given and whether hours were added or subtracted.

• The "Clopening" Ban ($100 penalty): Employers cannot schedule an employee for a closing shift followed by an opening shift with less than 11 hours between them. Employees have the right to decline these shifts. If they consent to work it, the employer must pay a $100 premium.

• Access to hours: Employers must offer available shifts to current, existing employees before hiring new staff to fill those hours.

• "Just Cause" termination: NYC fast food workers are not "at-will" employees. Employers must have a "just cause" (following documented progressive discipline) or a "bona fide economic reason" to fire an employee or reduce their hours by more than 15%.

→ Find out how Deputy can help you navigate fair workweek laws and protect your business