NYNew York pay rules
Minimum wage $17.00. Overtime after 40 hours in a week. If you are fired, your last check is due by the next regular payday.
New York minimum wage$17.00 now
New York overtime lawsWeekly overtime after 40 hours
New York final paycheck lawFired: next regular payday
New York PTO payout lawDepends on written policy
| Rule | New York | Source |
|---|---|---|
| Minimum wage | $17.00 an hour since January 1, 2026. No increase on January 1, 2027. The governor has proposed a raise to $17.60 and $16.55 on March 1, 2027, which needs the state legislature to approve it. $17.00 in New York City, Long Island and Westchester. $16.00 in the rest of the state. Home care aides have higher rates. | read the rulechecked October 29, 2026 |
| Cash pay if you get tips | At least $11.35 an hour. Tips may make up the rest, up to $5.65. Food service workers, NYC, Long Island and Westchester: $11.35 cash + $5.65 credit. Rest of state $10.70 + $5.30. Service employees: $14.15 + $2.85 (downstate), $13.30 + $2.70 (upstate). Hospitality employers only. | read the rulechecked October 29, 2026 |
| Overtime | 1.5x after 40 hours in a work week (44 hours for residential employees). No daily overtime. | 12 NYCRR 142-2.2checked October 29, 2026 |
| Last check if fired | Next regular payday | Labor Law 191checked October 29, 2026 |
| Last check if you quit | Next regular payday | Labor Law 191checked October 29, 2026 |
| If the last check is late | None automatic. Claims through NY Department of Labor. | Labor Law 191checked October 29, 2026 |
| Unused vacation when you leave | Depends on your employer's written policy. Governed by the employer's written policy. Without a written rule that unused time is lost, unused vacation must be paid out. | Labor Law 198-cchecked October 29, 2026 |
| Meal break | 30-minute meal period for shifts over 6 hours that span the noon meal period (11 a.m. To 2 p.m.). 1 hour in factories. | read the rulechecked October 29, 2026 |
| Rest break | No paid rest period requirement. | read the rulechecked October 29, 2026 |
These rules cover the whole state. Cities and industries with their own rules are noted in the table. Checked October 29, 2026. Next check: January 1, 2027.