What is the minimum wage in New York?
New York minimum wage is governed by N.Y. Labor Law §§ 650-665 and the wage orders of the NY Department of Labor.
1. Statewide Tiered Rates (2025)
| Region | 2025 | 2026 |
|---|---|---|
| NYC, Long Island, Westchester | $16.50 | $17.00 |
| Rest of State | $15.50 | $16.00 |
(Effective each Jan. 1.) Beginning 2027, rates are indexed to CPI-W for the Northeast region.
2. Tipped Workers — Food Service
Food service workers who customarily receive tips may be paid a reduced cash wage with a tip credit (12 NYCRR § 146):
If tips fall short, the employer must make up the difference.
3. Tipped Workers — Service (Non-Food)
Service employees (e.g., hotel housekeeping, car wash) have a smaller tip credit and slightly higher cash wage requirement under 12 NYCRR § 146.
4. Fast Food Wage
The previously separate fast food wage was harmonized into the regional minimum in 2021 (it had reached $15 statewide in 2019, ahead of the general minimum). Fast food employees in NYC/LI/Westchester earn $16.50; rest of state $15.50.
5. Home Care Aides
Home care aides have a special minimum under N.Y. Lab. Law § 652-a:
(2025 rates; phased in under L. 2022, ch. 56.)
6. Overtime
New York follows the federal 40-hour standard: 1.5x after 40 hours/week (12 NYCRR § 142-2.2). Residential employees ("live-in") get OT after 44 hours. Domestic workers get OT after 40 (or 44 if live-in) under the Domestic Workers' Bill of Rights.
7. Exemptions / Salary Threshold
NY's executive/administrative exemption salary thresholds are HIGHER than federal:
Professional exemption uses federal $684/week.
8. Enforcement
NY Department of Labor, Division of Labor Standards. Workers can file claims for unpaid wages going back 6 years (N.Y. Lab. Law § 663). Liquidated damages of 100% of unpaid wages plus attorney's fees are available.
This is legal information, not legal advice.
- You are owed unpaid wages within the 6-year NY statute of limitations
- Your employer pays you under NY's higher exempt-salary threshold but treats you as exempt
- You are a home care aide owed the special § 652-a wage
- N.Y. Lab. Law § 652
- N.Y. Lab. Law § 652-a
- N.Y. Lab. Law § 663
- 12 NYCRR § 142
- 12 NYCRR § 146
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.