New York Labor Laws: Minimum Wage, Overtime, Sick Leave and Worker Rights in 2026
Short answerNew York labor laws set a $17 minimum wage in New York City, Long Island and Westchester and $16 elsewhere in 2026, overtime at 1.5 times pay after 40 hours, and paid sick leave. They are mostly found in the Labor Law and its wage orders, enforced by the state Department of Labor.
Last verified: October 28, 2026 against Labor Law §§ 652, 191, 196-b, 740 and the NYS Department of Labor minimum wage and unemployment pages
New York labor laws cover what employers must pay, how many hours you can be made to work, the time off you earn and how you are protected if you speak up. Most of the rules, enforced by the New York State Department of Labor (NYSDOL), sit in the state Labor Law, the Department of Labor wage orders in 12 NYCRR and the Executive Law. New York City adds a few rules of its own. This page is general information, not legal advice.
Key facts
- Minimum wage (2026): $17.00 in New York City, Nassau, Suffolk and Westchester; $16.00 in the rest of the state.
- Overtime: 1.5 times your regular rate after 40 hours in a workweek for most non-exempt employees.
- Paid sick leave: up to 40 hours at employers with 5 to 99 employees and up to 56 hours at 100 or more.
- Unemployment: the maximum weekly benefit is $869 since October 6, 2025.
- New York City: same state minimum wage, plus a city Protected Time Off Law run by DCWP.
What are New York labor laws?
They are the state rules that govern work, pay and workplace rights. The main sources are the Labor Law, the minimum wage orders in 12 NYCRR Part 142, and the New York State Human Rights Law in Executive Law Article 15.
What is the New York minimum wage in 2026?
It is $17.00 an hour in New York City, Nassau, Suffolk and Westchester counties and $16.00 everywhere else in the state. These figures come from Labor Law § 652(1-a) and took effect on January 1, 2026.
| Region | 2025 | 2026 | January 1, 2027 |
|---|---|---|---|
| New York City, Nassau, Suffolk, Westchester | $16.50 | $17.00 | $17.00 (no change) |
| Rest of New York State | $15.50 | $16.00 | $16.00 (no change) |
From 2027 the Department of Labor adjusts the rate yearly for inflation, unless an off-ramp applies. The Department says one was met for 2027, so the rates stay flat. Governor Hochul has proposed $17.60 and $16.55 starting March 1, 2027, but that happens only if the Legislature approves it.
How does overtime work in New York?
Most non-exempt employees must get 1.5 times their regular rate for hours over 40 in a workweek. The rule is in 12 NYCRR § 142-2.2. Employees who qualify for an exemption, such as certain executives and professionals, are not paid overtime.
Is it legal to work 24 hours straight or 7 days a week in NY?
Often yes, with limits for certain jobs. We found no general state cap on daily hours for adult workers, but overtime still applies after 40 hours, and some industries have extra rules.
- Day of rest:
Labor Law § 161requires at least 24 consecutive hours of rest in a calendar week for workers in factories, stores, hotels, restaurants and elevator operations, with listed exceptions such as some rural seasonal resorts. - Nurses:
Labor Law § 167bars a health care employer from requiring a nurse to work beyond scheduled hours, except in emergencies set out in the statute. A nurse may still volunteer.
Do New York workers get paid sick leave?
Yes. Labor Law § 196-b gives workers one hour of sick leave for every 30 hours worked, up to a yearly cap that depends on the size of the employer.
| Employer size | Sick leave per year |
|---|---|
| 4 or fewer employees | Up to 40 hours, unpaid unless net income was over $1 million |
| 5 to 99 employees | Up to 40 hours, paid |
| 100 or more employees | Up to 56 hours, paid |
Since January 1, 2025, employers must also give 20 hours of paid prenatal leave in any 52-week period, on top of sick leave. Employers cannot punish you for using it.
New York City: the city has its own Protected Time Off Law, run by the Department of Consumer and Worker Protection (DCWP), with separate notice and enforcement. The state minimum wage already applies in the city, so there is no separate city rate for most workers.
When and how must you be paid?
Manual workers must be paid weekly, no later than seven calendar days after the end of the week they worked. Clerical and other workers are paid on regular paydays set in advance, at least twice a month, under Labor Law § 191.
At hire, your employer must give a written pay notice in English and your primary language, and each paycheck must come with a wage statement showing hours, rates and deductions under Labor Law § 195. If a job is advertised and the work happens at least partly in New York, Labor Law § 194-b requires the pay or pay range in the posting for employers with four or more employees.
Who is protected by New York labor laws?
- Discrimination and harassment: the Human Rights Law defines employer as including all employers within the state, with no size minimum, in
Executive Law § 292(5). - Whistleblowers:
Labor Law § 740protects current and former employees and some independent contractors from retaliation for reporting suspected violations. You generally have two years to sue. - Off-duty conduct:
Labor Law § 201-dbars firing or refusing to hire for lawful off-duty political activity, recreation, union membership and legal cannabis use away from work. See our is weed legal in New York page for the cannabis rules.
How do remote work laws affect hiring in New York?
A remote job can still fall under New York law. The pay transparency rule in Labor Law § 194-b covers a posting for work done outside the state if the worker would report to a New York supervisor, office or work site.
Is sex work legal in New York?
No. Penal Law § 230.00 makes prostitution a class B misdemeanor, so it is not a lawful job covered by wage rules. Browse our crime and courts laws for related criminal topics.
What is unemployment insurance in New York?
It is a weekly payment for workers who lose a job through no fault of their own, run by NYSDOL. The maximum weekly benefit rose to $869 on October 6, 2025. If you are denied, you can ask for a hearing within 30 days.
What to do if your employer breaks the law
Keep your pay stubs and schedules. File a wage complaint with NYSDOL or a discrimination complaint with the State Division of Human Rights. Retaliation for complaining is itself prohibited under several of the laws above.
Frequently asked questions
Is the minimum wage the same across New York?
No. In 2026 it is $17 in New York City, Nassau, Suffolk and Westchester and $16 in the rest of the state.
Do I get overtime if I am paid a salary?
It depends. Salaried workers who do not meet an exemption for executive, administrative or professional roles are still owed overtime. A salary alone does not make you exempt.
Can my employer make me work on my day off?
Sometimes. Workers in factories, stores, hotels and restaurants must get 24 straight hours of rest each calendar week under Labor Law § 161, with exceptions.
How many sick days must a New York employer give?
Up to 40 hours for employers with 5 to 99 employees and up to 56 hours for employers with 100 or more. Employers with 4 or fewer give 40 unpaid hours.
Is there a limit on mandatory overtime?
Only for nurses. Labor Law § 167 bars health care employers from requiring a nurse to work beyond scheduled hours, with emergency exceptions. Other workers may be required to work overtime, which must then be paid.
What changed on this page
- October 28, 2026: first publication, checked against Labor Law §§ 161, 167, 191, 194-b, 195, 196-b, 201-d, 652 and 740, 12 NYCRR § 142-2.2 and NYSDOL pages on the minimum wage and maximum benefit rate. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For unpaid wages or overtime, contact the NYS Department of Labor. In New York City, paid leave questions can go to DCWP. For discrimination, contact the State Division of Human Rights. For a lawsuit, speak with a New York-licensed employment attorney, and the New York State Bar Association lawyer referral service can help you find one. More rules are collected under work and pay laws.
