New York Labor Laws (2026 Guide)

What’s New in 2026

• Minimum wage increase
• Overtime exemption thresholds rise
• Updated uniform maintenance pay rates
• Requirement to keep opioid antagonists in first aid kits
• Ban on using consumer credit history in employment decisions
• Expansions to New York City’s Earned Safe and Sick Time Act
• Requirement to participate in the New York Secure Choice Savings Program

Labor Law Posters

Federal labor law posters
State labor law posters

Wage and Hour Laws

Minimum wage

The minimum wage in New York varies by state area, with higher wage requirements in New York City and certain counties. 

The following minimum wage requirements apply to all employees other than fast food employees, based on the area where they perform work.

Fast food employees are entitled to a minimum wage of $16.50 per hour in New York City, Long Island, and Westchester—and $15.50 per hour everywhere else in the state.

Public health laws have also set minimum wage requirements for home care aides. These employees are subject to varying minimum hourly wages based on the area where they perform work.

Exclusions from New York’s minimum wage

Most employees are entitled to New York’s minimum wage requirements. However, the law provides specific exclusions for the following employees:

• Outside salespersons
• Taxicab drivers
• Government employees
• Part-time babysitters
• Ministers and religious order members
• Volunteers and learners working in nonprofits
• Students gaining vocational experience
• Non-employee independent contractors

Tipped minimum wage

Employers in New York can meet minimum wage requirements for food service and service roles by combining the employee’s cash wage with a tip credit. This accounts for tips the employee receives from customers.

Food service and service employees

Food service and service workers’ wages must exceed the minimum wage when combining total tips received and cash wages paid by the employer. Tip credits can’t be used for fast food workers, even if they receive tips. 

Employers may include the following tip credits in wage calculations for food service workers, depending on the location where work is performed:

The hourly wages and tip credits for service employees are:

Hospitality employers

Hospitality employers can’t apply tip credits for service workers:

• On days when employees work more than 2 hours or 20% of their shift completing non-tip work.
• During weeks when workers receive tips that average less than the threshold amount per hour. 

Before using a tip credit for a service employee, a New York hospitality employer must ensure that the employee’s average weekly tips exceed the required threshold. This threshold must be higher than the tip credit amount. If the employee’s average weekly tips don’t exceed the threshold, the employer can’t calculate the employee’s wages using a tip credit.

The thresholds for service workers from January 1, 2026, to December 31, 2026, are:

Overtime laws

New York adopts most of its overtime laws from the federal Fair Labor Standards Act (FLSA). Employers must pay employees 1.5 times their regular rate for all hours they work above 40 in a workweek, unless exempt.

Exemptions from overtime laws

The rules for overtime exemptions in New York come from a mix of FLSA-exempted occupations and state laws. Some state laws entitle FLSA-exempt employees to overtime pay, such as farm laborers (after 52 hours of work per week).

However, most overtime exemptions come from the FLSA. These include the following: 

• Employees in executive, administrative, or professional roles
• Outside salespeople
• Certain volunteers, interns, and apprentices (if not employees)
• Taxicab drivers
• Members of religious orders
• Employees of religious or charitable institutions
• Camp counselors
• Employees of student or faculty associations
• Casual babysitters

New York uses the FLSA salary requirements to determine exemption entitlement, such as the $684 minimum weekly salary threshold for professional roles. But state law sets specific overtime exemption requirements for executive and administrative employees. Employers must follow state law for these employees, not the federal FLSA.

From January 1, 2026, the thresholds for executive and administrative employees in New York are:

Any executive or administrative employee earning less than these thresholds isn’t exempt and must be paid overtime.

Meal breaks

New York requires employers to provide unpaid meal breaks for employees, separated into the following categories:

• All factory employees. Factory employees are entitled to a 60-minute meal break for the midday meal period.
• Day shift employees. Non-factory employees who work more than 6 hours in a shift that extends over the midday period (between 11 am and 2 pm) must be given a 30-minute break during that midday period.
• Evening shift employees. Non-factory employees who work more than 6 hours in a shift that starts between 1 pm and 6 am must be given a 45-minute break midway through their shift.

Additional breaks are required for some workers whose shift spans multiple meal times. Non-factory employees who start work before 11 am and work past 7 pm on the same shift must receive an extra 20-minute break between 5 pm and 7 pm.

Rest breaks

New York law mandates meal breaks as described above. It doesn’t require employers to grant other rest breaks to most employees. 

New York employers are only obligated to pay employees for their hours worked. Those who offer additional rest breaks don’t have to pay for break time.

See below for more information about lactation accommodations.

Recordkeeping

Payroll records in New York must include:

• Hours worked by work week, separating regular and overtime hours
• Rates of pay (including overtime rate when applicable)
• Gross wages
• Deductions
• Allowances (such as tip credits)
• Sick leave provided
• Prevailing wage supplements
• Net wages

Employers must keep payroll records for a minimum of 6 years. 

Employee Compensation and Benefits

Final paycheck laws

Employers must issue a final paycheck through their normal payment methods. They must provide the final paycheck no later than the regular payday for the date the employee was terminated. 

Employees can request that their employers mail the final paycheck.

Failing to pay final wages is a criminal offense in New York. A first violation is a misdemeanor, while a second violation within 6 years is charged as a felony. The maximum penalty for failing to pay wages is 1 year and 1 day in prison, plus a fine of $20,000.

Reporting time pay

Other than hospitality industry employees, any nonexempt employees called in for work by the employer’s request or permission must be paid call-in pay. 

Pay is due for at least 4 hours, or the hours in the employee’s shift, whichever is less. Call-in pay must meet or exceed minimum wage and is due whether the employee stays at work or is sent home.

Nonexempt hospitality industry employees are subject to different call-in pay rules. When these employees are called in for work, they must be paid their regular or overtime wage rate, minus any tip credit, for any time actually worked. Call-in pay for time not worked must meet or exceed minimum wage. 

The number of call-in pay hours due to a hospitality industry employee must either exceed the regularly scheduled shift or be:

• 3 hours for 1 shift
• 6 hours for 2 shifts that total 6 hours or less
• 8 hours for 3 shifts that total 8 hours or less

Call-in pay is due for either the regularly scheduled shift or the lesser of the amounts listed above. Exempt employees aren’t subject to call-in pay laws.

Uniform maintenance pay

In New York, hospitality employers must generally pay weekly uniform maintenance pay if:

• The employer requires a uniform that needs daily cleaning or upkeep. 
• The uniform isn’t wash-and-wear and can’t be washed and dried routinely.
• The employer doesn’t maintain the uniforms or provide free laundering services.
• Employees aren’t provided with enough uniforms for the number of days they work each week.

Uniform maintenance pay rates are based on the number of hours employees work and where they work:

Employers mustn’t offset uniform maintenance pay against things like meal credits and employer-provided accommodation. Employees can make a wage complaint with the New York Department of Labor against employers who don’t pay uniform maintenance.

Employee scheduling laws

New York doesn’t have laws regulating employee schedules. 

However, New York City has adopted regulations that apply to retail and fast food employees in the city. 

NYC retail employers

Retail employers with 20 or more employees in New York City may not:

• Require employees to be on-call.
• Cancel shifts with less than 72 hours’ notice to the employee.
• Require employees to report to work with less than 72 hours’ notice.
• Require employees to work extra time less than 72 hours before the shift starts, unless employees consent to extra hours/shifts in writing.

Employers can allow employees to swap shifts, even if the swap occurs less than 72 hours before the shift.

Retail employers must also post a notice of the retail workers’ rights under this regulation. It must be posted where employees can easily see it at each workplace.

NYC fast food employers

Fast food employers with employees in New York City:

• Must give workers regular schedules that stay the same week-to-week.
• Must give workers work schedules 14 days before the start of the schedule.
• Must allow workers to say no to extra work or back-to-back shifts that go from closing one day to opening the next.
• Must allow current workers to work more regular hours before hiring new employees.
• Can’t fire or reduce a worker’s hours by more than 15% without just cause or a legitimate business reason.
• Must reinstate laid-off employees by seniority when hours become available.

Fast food employers must also pay a premium when employee schedules are changed, or employees work back-to-back shifts that go from closing one day to opening the next. (These are called “clopening” shifts in the regulation.)

Premiums for schedule changes accrue based on the amount of notice to the employee and the impact on the employee’s hours.

Fast food employees have the right to reject clopening shifts. Employees who agree to work a clopening shift are entitled to a $100 premium per shift.

Fast food employers must also post a notice of the fast food workers’ rights under this regulation. Notices must be posted where employees can easily see them at each workplace.

Payday frequency and method

Labor law in New York sets the required pay frequency for many employees in the state. 

Employees who perform manual labor jobs must be paid weekly and not more than 7 days after the pay was earned. 

Large employers of manual workers may apply for a variance that allows them to pay less frequently than weekly, subject to approval by the New York Department of Labor. 

To qualify for a variance, the employer must show:

• They have employed an average of 1,000 or more employees in New York in the past 3 years, or
• They have employed an average of 1,000 or more employees in New York in the past year and an average of 1,000 or more employees outside New York in the past 3 years.

Employers who meet these criteria must also show proof of financial stability to meet payroll responsibilities. 

New York employers must pay commission salespeople in accordance with any commission pay contract. They must be paid at least once each month. Pay is due no later than the last day of the month following the month in which the wages were earned.

Clerical and other workers in New York must be paid at least twice per month. 

The pay frequency law doesn’t cover the following types of employees:

• Federal, state, and local government employees
• Executive, administrative, or professional employees who earn over $1,300 a week

These employees may be paid on any pay frequency cycle agreed between the employer and employee.

Paystub requirements

New York employers must give each worker a paystub with every payment of wages. Paystubs must include:

• Dates of work covered by the wage payment (pay period)
• Employee name
• Employer name, address, and phone number
• Rates of pay
• Hours worked
• Gross wages
• Deductions from wages
• Allowances, such as tip credits
• Net wages

Employers may provide electronic paystubs instead of paper ones, as long as they also offer paper paystubs or provide a workplace computer and printer so employees can view and print them. 

Wage deductions and garnishments

Employers can deduct or garnish an employee’s wages only under limited circumstances. 

Deductions are allowed when:

• They’re made by law or rule. This can include deductions for taxes, child support payments, or pre-tax contributions to plans approved by the IRS.  
• They’re voluntary, for the employee’s benefit, and authorized by the employee in writing. This can include deductions for insurance premiums, union dues, or corporate gym memberships. 
• The employer overpays the employee due to a clerical error.
• The employer advances wages to the employee. The advance can’t charge interest, and the employee must agree to it in writing.

Employers can’t deduct wages from employees for:

• Costs for the employee’s convenience (e.g., fees to cash a paycheck).
• Purchases of work-related equipment (e.g., uniforms or tools).
• Fines or penalties for misconduct.
• Business losses (e.g., cash shortages or damaged equipment).

Retirement savings

From 2026, employees in New York State will be automatically enrolled in the state-administered Secure Choice Savings Program. Unless employees opt out, a portion of their wages will be contributed to a Roth Individual Retirement Account (IRA).

Employers don’t need to make any contributions, but they must comply with the program’s requirements if they meet all the following:

• Don’t already offer a qualified retirement plan, like a 401(k).
• Had at least 10 employees in New York State during the previous calendar year.
• Have been in business for at least 2 years.

Employers required to participate in the state program must register online to access an account for setting up and managing payroll deductions. Employers who believe they’re exempt must certify their exemption via the same website.

The deadlines for registration and certifying exemption are:

• Employers of 30+ employees: March 18, 2026
• Employers of 15-29 employees: May 15, 2026
• Employers of 10-14 employees: July 15, 2026

Workers’ compensation

New York’s Workers’ Compensation Law applies to most employers in the state. Unlike several other states, there are no industry exceptions for agriculture or domestic workers. 

Workers’ compensation insurance is intended to compensate employees who have suffered an injury or illness in the workplace that wasn’t self-inflicted or suffered due to intoxication. From January 1, 2025, the New York workers’ compensation scheme expands to allow employees who suffer mental injuries due to extraordinary work-related stress to make claims. 

Employers can obtain workers’ compensation insurance through an approved private insurance carrier, the State Insurance Fund, or by self-insuring. 

Employers who wish to become self-insured must apply for that status. They must also:

• Have been in business in an authorized form for at least 3 years.
• Prove they currently hold workers’ compensation coverage.
• Have no outstanding business compliance penalties.
• Hold an acceptable business rating when they apply (this can be a Moody’s rating of A3 or an S&P rating of A-).
• Provide evidence of tangible net worth equivalent to 7 times the higher value between the 3-year average gross claims payments and the annual premium paid.
• Provide audited financial statements, including an auditor’s opinion statement.
• Maintain an accident-prevention safety program.

Employees who have experienced a workplace injury or illness should report the incident to their supervisor within 30 days. Failure to notify the employer within 30 days may result in the employee losing benefits.

Once an employee provides notice of an injury or illness, the employer must notify their insurance carrier within 10 days of the injury or illness if the employee needs medical care or misses work. 

Claims can be completed online, by mail, or in person at a Workers’ Compensation Board Office. The Workers’ Compensation Board reviews claims and issues a claim decision in contested cases.

Unemployment insurance

Employers in New York become liable to provide unemployment insurance depending on their business type. 

• General businesses are liable when they pay $300 or more in remuneration or when they take over a business from a liable employer.
• Nonprofits are liable when they pay remuneration of $1,000 or more or when they employ 4 or more workers on at least 1 day in each of 20 different work weeks in the prior calendar year.
• Household employers are liable when they pay remuneration of $500 or more.
• Agriculture employers are liable when they pay $300 or more or when they take over a business from a liable employer.
• Government employers and Native American tribes are liable when they pay an employee any remuneration.

Workers may qualify for unemployment benefits if they:

• Were employed for at least 2 calendar quarters in the past year. 
• Earned at least $3,400 in 1 calendar quarter. 
• Lost work through no fault of their own.
• Are willing and actively looking to take on new work. 

Eligible workers are paid benefits weekly in an amount based on their prior earnings. The amount and frequency of prior earnings impact the benefit amount. Employees can estimate their available benefits with this calculator.  

The New York Department of Labor also publishes a detailed Unemployment Insurance Employer Guide. 

Workplace Rights and Protections

Discrimination and harassment

The New York State Human Rights Law prohibits discrimination based on specific protected characteristics and requires employers to make reasonable accommodations for some of them.

Under state law, it’s unlawful to discriminate against job applicants and employees based on their:

• Creed
• Color
• Race
• National origin
• Age
• Sex
• Sexual orientation
• Gender identity or expression
• Military status
• Disability
• Genetic characteristics
• Familial status
• Marital status
• Status as a victim of domestic violence

Employers must make “reasonable accommodations” for otherwise qualified applicants and employees who are disabled or have a pregnancy-related condition. Accommodations are generally considered reasonable, unless they cause the employer undue hardship.

A December 2025 addition to the New York State Human Rights Law makes neutral employment policies and practices that adversely affect a protected class unlawful. This is now discrimination, even if there was no discriminatory intent. For example, a height requirement may discriminate against women, as they are, on average, shorter than men. 

Employers must ensure their employment practices and policies have a legitimate business reason and don’t inadvertently affect a protected class.

Another late 2025 amendment bans employers from retaliating against employees and job applicants who request a reasonable accommodation.

The state law also bans employers from taking disciplinary action against employees for opposing discriminatory practices or filing a complaint.

Employees can file a complaint with the New York State Division of Human Rights. Complaints must be filed no later than 3 years after the most recent act of alleged discrimination.

New York City

The New York City Human Rights Law provides additional worker protections for employees in the city. 

In addition to prohibited discrimination under state and federal law, the NYC Human Rights Law prohibits discrimination based on:

• Citizenship status
• Pregnancy and lactation accommodations
• Arrest or conviction records
• Caregiver status
• Credit history
• Unemployment status
• Sexual and reproductive health decisions
• Salary history
• Status as a victim of stalking or sex offenses

Employees can file a complaint with the New York City Commission on Human Rights. Complaints must be filed within 1 year of the most recent act of alleged discrimination. For alleged gender-based harassment, complaints must be filed within 3 years.

Training

New York state requires all employers to conduct sexual harassment training each calendar year. 

New York City also requires employers with 15 or more employees to conduct sexual harassment training each year. Employers who provide training in line with the New York City requirements will also be deemed compliant with the state’s requirements. 

Consumer credit history in employment decisions

From April 18, 2026, employers are banned from requesting or using consumer credit history to guide employment decisions, including hiring, compensation, and promotion, unless an exemption applies.

Leave laws

Child Labor Laws

New York’s child labor law applies to minors under 18. The law limits the hours a minor may work, requires school attendance, and requires minors to obtain working papers to hold a job in the state. 

Minors must be 14 or older to work in most occupations, with some exceptions for permitted farm workers and child performers. Employers can’t employ minors in hazardous working conditions, including logging, mining, and dangerous machine operations. 

Working hours are heavily restricted for minors—and more so for those under 16. 

Minors aged 16 or 17 can’t work between 10 pm and 12 am the day before a school day unless they obtain a parent or guardian’s written permission and a school certificate confirming the minor is in good academic standing. 

Minors under 16 can’t work:

• Between 7 pm and 7 am after Labor Day to June 20.
• Between 9 pm and 7 am from June 21 to Labor Day.

Minors under 16 are also prohibited in most occupations from working:

• More than 3 hours on any school day.
• More than 8 hours on a non-school day.
• More than 18 hours in any week.
• More than 6 days in any week.

No minor may work during public school hours, even if they’re home-schooled. 

Exceptions and modifications apply to these hourly restrictions in some situations.

Violations of New York child labor laws can result in civil penalties of up to $10,000 for a first violation, $2,000–$25,000 for a second violation, and up to $55,000 for additional violations.

Workplace Safety and Health

New York doesn’t provide detailed legal guidance for workplace safety and health. It follows the federal law requirements under the Occupational Safety and Health Act (OSH Act). All New York employers must meet or exceed ‌OSH Act requirements.

The Occupational Safety and Health Administration (OSHA) is responsible for administering the OSH Act requirements. New York employers are responsible for following all of the OSH Act recordkeeping and reporting rules.

Employees who believe they have encountered a violation of OSH Act rules can file a complaint online. Alternatively, violations can be reported to a New York OSHA office.

Female factory and store workers

New York law prohibits female employees from working in a factory or store within 4 weeks of childbirth unless they provide a doctor’s note indicating they can perform the work and a letter stating they wish to return to work.

Opioid antagonists in workplace first aid kits

From June 10, 2026, New York workplaces that are legally required to keep a first-aid kit must ensure it contains an opioid antagonist (such as naloxone).

Labor Union Regulations

New York is not a right-to-work state, meaning employers can require employees to join a union and pay membership dues as a condition of employment. 

Employees are typically required to become union members when their compensation and benefits are negotiated as part of a collective agreement covering all similar employees.

Labor disputes are handled as laid out in a collective bargaining agreement. Disputes may also be referred to the New York branch of the National Labor Relations Board (NLRB).

Employment Contracts and Severance

Employment contract laws

New York is an “at-will” employment state.

This means an employer or employee can terminate employment for any reason or no reason, so long as the termination isn’t otherwise contrary to law. 

Exceptions to this rule include:

• When the termination violates a law or an express contract.
• When the termination violates public policy.

Termination can violate public policy when a legal violation substantially endangers public health or safety. Legislation introduced in January 2022 broadened the scope of public policy violations to include situations where an employer’s policy or practice led the employee to reasonably believe a violation of law had occurred. 

Noncompetes are allowed in New York but must meet strict criteria to be enforceable. For example, they must protect a legitimate business interest and be reasonable in time and geography. There have been recent efforts to ban noncompetes in New York, so keep an eye on this space for any developments. 

Non-solicitation agreements are allowed in New York. However, they’re often subject to challenge if they prevent an employee from practicing their trade or specialty.

Trapped at Work Act

Following recent amendments, New York’s Trapped at Work Act will take effect either on December 19, 2026, or February 13, 2027.

Once in force, the law will largely ban “stay-or-pay” clauses (also known as promissory notes). These are provisions that require employees to repay certain costs or benefits if they leave their job before a set period.

The law applies only to employees. It doesn’t cover interns, apprentices, volunteers, or independent contractors.

There are limited exceptions. Employers may still require repayment in specific situations, such as:

• When an employee is terminated for misconduct, or
• For certain training costs tied to “transferable credentials,” like academic degrees or widely recognized industry certifications.

In preparation for the new law, employers should review their employment contracts for non-compliant clauses.

Severance pay

There’s no legal requirement for New York employers to provide severance pay. 

There are also no state laws for what a severance pay package must include. Employers offering severance pay by contract or employee policies must honor that agreement. 

Employees who need guidance on severance pay offers from their employer should refer to company policies or seek legal advice. 

Additional Laws That Might Apply to You

New York City AI regulations

In 2023, New York City adopted the first US-based regulations of AI-driven hiring tools. The regulations apply only to New York City residents being considered for work in New York City. 

The regulations prohibit employers or employment agencies from using an automated employment decision tool (AEDT) for employment decisions unless the tool is subjected to an annual audit for bias. Employers must also publish a summary of each audit and notify all applicants and employees subject to AEDT screening.

Wage transparency

New York’s pay transparency law applies to all work that will be physically performed in the state or jobs that will report to a supervisor, office, or work site in the state. 

Employers with 4 or more employees will be required to disclose the compensation or range of compensation in any job advertisement. Employers must also disclose the job description for the position (if one exists). 

New York City previously enacted its own regulations requiring employers to include a good-faith pay range in all job advertisements for positions that would be performed in the city.

Cannabis (marijuana) drug testing

Employers are prohibited from using drug testing to determine whether an employee is impaired by cannabis. 

Employers can prohibit cannabis use during work hours and may take disciplinary action if an employee shows objective signs of impairment.

Lactation accommodation

Employers must give employees 30-minute paid breaks to express milk as necessary. If employees need more than 30 minutes, employers must let them use their paid breaks or meal times to cover this. An employee is entitled to these breaks for up to 3 years after their child is born. 

Employers must provide a private, well-lit location close to the employee’s work area for this. This should be a designated room that’s used only for this purpose—unless this requirement would cause the employer undue hardship. Employers must also develop a written policy on this topic. 

Anti-smoking

New York State and New York City prohibit smoking and electronic cigarette usage in most workplaces. “No smoking” signs must be posted in all areas where smoking is prohibited.

Whistleblower protection

New York’s whistleblower law provides broad protection to employees, former employees, and independent contractors. The law prohibits retaliation when a report is made about any activity, policy, or practice that the reporter reasonably believes violates any law or regulation. 

Proof of an actual legal violation isn’t required for the protection to apply.

Whistleblowers have a right to file a civil lawsuit against employers for retaliation related to whistleblowing. The employee must file the civil lawsuit within 2 years of the employer’s action. 

Social media privacy

Employers can’t ask employees or job applicants for access to or information about their personal social media accounts, with some limited exceptions. 

Freelance Isn’t Free Act

Under this Act, businesses that hire freelancers to provide services valued at $800 or more must formalize service agreements in writing and pay the freelancer within 30 days. 

Clean Slate Law

Under this law, certain criminal convictions will be automatically sealed after a set period. Employers can’t ask about sealed convictions or take them into account to make adverse employment decisions. 

Any employer who conducts a criminal record check must provide the job applicant with a copy of their records and inform them of their right to correct any errors. They must also give the applicant a copy of Article 23-A, which explains how employers can use applicants’ criminal records in decision-making.

COVID-19-related laws and regulations

New York’s COVID-19 sick leave mandate ended on July 31, 2025. No COVID-19-specific employer obligations remain in effect. 

Navigating Legal Issues and Resources

Assistance and further resources regarding labor laws in New York are available through the following state and city government agencies:

• New York Department of Labor
• New York City Commission on Human Rights
• New York State Workers’ Compensation Board
• New York State Unemployment Services

In addition, the Legal Aid Society is a nonprofit that offers free legal advice to workers in New York. 

New York labor laws are complex and sometimes conflict with city, state, and federal laws. An attorney is your best resource to fully understand employer obligations and employee rights. 

Disclaimer

The information presented on this website about New York labor laws in the United States is intended to be accurate and informative. However, laws and regulations can change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up-to-date and reliable, we cannot guarantee its completeness or accuracy. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.mpleteness or accuracy. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.