# Labor Rights in New York

[Labor rights by state](/labor-rights/)

New York has a two-tier minimum wage reaching $17.00 downstate and $16.00 upstate in 2026, with inflation indexing starting in 2027. Its Paid Family Leave program is among the oldest in the country, paying up to $1,228.53 per week in 2026 for 12 weeks. Paid sick leave scales with employer size, up to 56 hours at employers with 100 or more workers. New York City separately added 32 hours of unpaid safe and sick leave starting February 2026.

Data last verified 2026-10-12

## Workplace rights in New York at a glance

  Minimum wage (2026)$17.00 per hour in New York City, Long Island (Nassau and Suffolk counties), and Westchester County; $16.00 per hour in the rest of the state. Both rates take effect January 1, 2026, with annual inflation indexing beginning in 2027.Tipped minimum wage (2026)Downstate: $11.35 cash wage for tipped food service workers and $14.15 for tipped service employees. Rest of state: $10.70 cash wage for tipped food service workers and $13.30 for tipped service employees. Tips must bring each worker to the full regional minimum.Overtime1.5 times the regular rate after 40 hours in a workweek, consistent with federal FLSA. No daily overtime rule for most workers.Paid sick leaveYes. Employees earn 1 hour of paid sick leave for every 30 hours worked. Employers with 5 or more employees (or net income over $1 million) must pay it: up to 40 hours per year for employers with 5 to 99 employees, up to 56 hours per year for employers with 100 or more. Employers with fewer than 5 employees and net income of $1 million or less must provide up to 40 hours of unpaid sick leave.Paid family and medical leaveYes. New York Paid Family Leave (NYPFL). Up to 12 weeks per year to bond with a new child, care for a seriously ill family member, or handle military deployment needs. In 2026, benefits pay 67% of average weekly wage up to $1,228.53 per week. Funded by an employee payroll deduction of 0.432% of wages, capped at $411.91 per year.Meal breaks30-minute midday meal break for shifts over 6 hours (60 minutes for factory workers). An additional 20-minute break between 5 and 7 p.m. for shifts starting before 11 a.m. and continuing past 7 p.m.; 45 minutes mid-shift (60 minutes for factory) for shifts over 6 hours starting between 1 p.m. and 6 a.m.Rest breaksNo state requirement beyond federal.Right-to-work lawNoAt-will employmentImplied contract exception recognized (narrowly); no general public policy or good-faith covenant exceptions. New York applies at-will employment strictly. Confirm with your state labor department.Final paycheckDue on the next regular payday.

## How New York compares to federal law

New York sets a minimum wage above the federal floor of $7.25 an hour, so the state rate is what most employers must pay. Overtime follows the federal Fair Labor Standards Act: time-and-a-half after 40 hours in a workweek.

## Neighboring states

- [**Vermont**$14.42 minimum wage, paid sick leave yes, right-to-work no.](/labor-rights/vermont/)
- [**Massachusetts**$15.00 minimum wage, paid sick leave yes, right-to-work no.](/labor-rights/massachusetts/)
- [**Connecticut**$16.94 minimum wage, paid sick leave yes, right-to-work no.](/labor-rights/connecticut/)
- [**New Jersey**$15.92 minimum wage, paid sick leave yes, right-to-work no.](/labor-rights/new-jersey/)

[Compare all 50 states and DC side by side](/labor-rights/)

Workplace laws change. This summary reflects state law as verified on 2026-10-12; confirm details with your state labor department before acting on it.

## Frequently asked questions

### What is the minimum wage in New York in 2026?

$17.00 per hour in New York City, Long Island, and Westchester County; $16.00 per hour in the rest of the state.

### Does New York have paid family leave?

Yes. New York Paid Family Leave provides up to 12 weeks per year at 67% of your average weekly wage, up to $1,228.53 per week in 2026.

### Is New York a right-to-work state?

No. New York is not a right-to-work state.

### When must my final paycheck be paid in New York?

On the next regular payday.