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In 2026, New York’s basic minimum wage is $17 an hour in New York City, Long Island and Westchester County, and $16 an hour elsewhere in the state. Most covered, non-exempt employees earn overtime after 40 hours in a workweek. Leave and scheduling protections depend on factors such as work location, employer size, income and industry, so check the rule that applies to your job rather than assuming one statewide rule covers every situation.
Which New York labor rules apply to your job?
Start with where you physically work, then check your industry and job category, whether you are an employee or contractor, your hours and classification, and your employer’s size and—in some leave cases—income. New York State, New York City and federal protections can overlap. Industry rules, including those for hospitality, farm work, home care, retail and fast food, may differ from the general rules below.
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This is a practical overview, not an individualized legal determination. If a deadline or unusual circumstance matters, confirm the current rule with the responsible agency. For a NYC-specific overview across city, state and federal rights, see the NYC Workers’ Bill of Rights; it also points out that rights vary by classification and sector.
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The New York State Department of Labor’s fact sheet for rates effective January 1 through December 31, 2026, sets these basic hourly rates:
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| Work location | Basic minimum wage in 2026 |
|---|---|
| New York City | $17.00 per hour |
| Long Island | $17.00 per hour |
| Westchester County | $17.00 per hour |
| Remainder of New York State | $16.00 per hour |
These are basic rates, not a guarantee that every worker in every job category has the same rate. State wage orders set special rates and rules for work such as hospitality, building services, farming and other industries. Tipped employees and home-care aides may also have special provisions. Check the applicable wage order and job category with the New York State Department of Labor (NYS DOL) if your pay includes tips, allowances or deductions, or your work is in a covered industry.
When does overtime apply in New York?
Most covered, non-exempt employees must receive at least one and one-half times their regular rate for hours worked over 40 in a payroll workweek. The calculation is based on the regular rate, not necessarily just the employee’s stated hourly wage. Exemptions and occupation-specific rules can change the result.
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Farmworkers have a separate threshold schedule. NYS DOL’s schedule sets the overtime threshold at 52 hours in a workweek beginning January 1, 2026, with further reductions scheduled later. Residential live-in workers also have distinct rules. Check the state overtime guidance for the rule matching your occupation and work arrangement before calculating what is owed.
How much sick leave or protected time off can you get?
New York State paid sick leave
State sick-leave entitlement depends on employer size and, for employers with four or fewer workers, net income. The state guidance describes the following annual amounts:
| Employer category in state guidance | Annual sick-leave amount |
|---|---|
| Four or fewer workers and net income of $1 million or less | Up to 40 hours unpaid |
| Five to 99 workers | 40 hours paid |
| 100 or more workers | 56 hours paid |
| Certain employers with four or fewer workers and net income above $1 million | 40 hours paid |
Leave generally accrues at one hour for every 30 hours worked, or an employer may front-load it, subject to the law’s details. Check current NYS DOL guidance for eligibility, permitted uses and other conditions; the categories above are an overview, not a substitute for applying the law to a specific employer.
New York City Protected Time Off
NYC’s Protected Time Off law expanded in February 2026. NYC Department of Consumer and Worker Protection (DCWP) says most covered employees have up to 40 or 56 hours of paid protected time off annually, 32 hours of unpaid protected time off available from the beginning of employment, and 20 hours of paid prenatal leave. Covered reasons include illness, medical care, childcare and other specified needs. The exact entitlement depends on employer size and circumstances, so check the current city guidance rather than adding the city and state figures together as if every worker automatically qualifies for the maximum in both systems. NYC also requires rights notices and pay-statement information.
Do NYC employers have to give advance schedules?
NYC scheduling protections are industry-specific, not a universal rule for every city employee. NYC 311 describes 72 hours’ advance schedule notice and limits on on-call work and short-notice shift changes for covered retail and utility safety workers. Fast-food workers have separate protections, including just-cause limits on firing or reducing hours. Check the city’s current guidance to determine whether your employer and job are covered.
What pay information must a new hire receive?
Under the state Wage Theft Prevention Act, employers must give new hires written notice of pay terms. The notice must include:
- Pay rate or rates and the basis of pay, such as hourly or another basis.
- The regular payday.
- The employer’s official and assumed names, main office address and phone number.
- Minimum-wage allowances, including tips or meal and lodging deductions, where applicable.
The notice must be in English and in the worker’s primary language when NYS DOL offers that translation. Keep the notice with pay statements, schedules, time records and communications about pay so you can compare what was promised with what was paid.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How can you check a wage problem or file a complaint?
NYS DOL Labor Standards handles state wage-and-hour issues including minimum wage, overtime, withheld wages, farm labor and retaliation. The state’s unpaid-wage guidance identifies claim categories including unpaid wages, bounced checks, missing tips, unannounced rate reductions, minimum-wage and overtime problems, and certain promised wage supplements.
- Write down the details. Record dates worked, hours, the rate promised, the rate paid, tips and deductions, and any relevant schedule or pay change.
- Gather records. Preserve schedules, time records, pay statements, written pay-rate notices and messages or other communications about work and pay. NYS DOL says employers must keep accurate records of hours, rates and wages.
- Identify the applicable rule. Check your work location, job or industry, employee classification, hours, and—if leave is at issue—employer size and relevant income. Use the matching NYS DOL or NYC agency guidance.
- Follow the official claim steps. Use NYS DOL’s unpaid-wage guidance to review claim categories and eligibility, or contact the agency about a wage-and-hour concern. For NYC protected-time-off or scheduling matters, check DCWP or NYC 311 guidance and confirm coverage.
Employers may not retaliate against employees for reporting labor-law violations. If your circumstances are unusual or a deadline is important, consider seeking individualized legal help in addition to consulting the agency.
Which rules should you check first?
- Location: NYC, Long Island, Westchester County or elsewhere in New York State.
- Job and industry: General employment, hospitality or tipped work, farming, home care, fast food, retail or another covered category.
- Hours and classification: Hours in the workweek and whether the job is covered and non-exempt for overtime purposes.
- Employer size and income: Especially relevant to sick leave and NYC protected time off.
- Records: Hours, schedules, pay rates, tips, deductions and written notices.
For employers, the state says the applicable minimum-wage poster must be displayed. Check the poster’s edition date and language, and whether separate NYC or industry notices also apply.
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