New York HR laws for employers (2026)
The New York rules employers ask about most: minimum wage, overtime, final pay, unused vacation, paid sick leave and breaks.
New York employment law at a glance
| Minimum wage | $16.00 per hour |
|---|---|
| Tipped cash wage | $10.70 per hour |
| Overtime | No daily overtime; time and a half after 40 hours a week (44 hours for live-in residential workers). Employers must also pay one extra hour at minimum wage when the workday spans more than 10 hours or there is a split shift. |
| Final pay when fired | By the next regular payday for the pay period; mailed if the employee requests. |
| Final pay when an employee quits | By the next regular payday for the pay period; mailed if the employee requests. |
| Unused vacation / PTO at separation | Depends on the employer's written policy: if the policy does not clearly provide for forfeiture of unused vacation, accrued vacation is generally owed at separation. Use-it-or-lose-it is allowed with prior written notice. Verify |
| Paid sick leave | Yes: 1 hour per 30 hours worked; up to 40 hours paid per year for employers with 5-99 employees, 56 hours paid for 100+ employees; employers with 0-4 employees give 40 hours (unpaid unless net income exceeds $1 million). Separate 20 hours of paid prenatal leave per year since Jan 1, 2025. |
| Meal breaks | Yes: shifts over 6 hours spanning 11 a.m.-2 p.m. get a 30-minute noonday meal period (60 minutes in factories); extra 20 minutes between 5-7 p.m. for long shifts; shifts starting between 1 p.m. and 6 a.m. get a 45-minute (60 in factories) midway meal period. |
| Rest breaks | No state rest break requirement (separate 24-hour weekly rest day rule applies in certain industries). |
Minimum wage note: $17.00/hour in New York City, Long Island and Westchester; $16.00/hour in the rest of the state (effective Jan 1, 2026). The state announced rates will NOT change on Jan 1, 2027 because a statutory 'off-ramp' was triggered; the Governor has proposed a change that could allow an increase on March 1, 2027 if the Legislature approves. Home care aides have a separate, higher minimum.
Verify means we could not confirm that item from an official New York or US Department of Labor source, so check it with the state before relying on it.
Other New York rules to know
- Pay transparency: employers with 4+ employees must include a good-faith pay range in job postings, promotions and transfers.
- New York Paid Family Leave and disability insurance cover most private-sector employees.
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Frequently asked questions
What is the minimum wage in New York in 2026?
$16.00 per hour, effective January 1, 2026. $17.00/hour in New York City, Long Island and Westchester; $16.00/hour in the rest of the state (effective Jan 1, 2026). The state announced rates will NOT change on Jan 1, 2027 because a statutory 'off-ramp' was triggered; the Governor has proposed a change that could allow an increase on March 1, 2027 if the Legislature approves. Home care aides have a separate, higher minimum.
When is a final paycheck due in New York?
If the employer ends employment: By the next regular payday for the pay period; mailed if the employee requests. If the employee quits: By the next regular payday for the pay period; mailed if the employee requests.
Does New York require paying out unused vacation?
Depends on the employer's written policy: if the policy does not clearly provide for forfeiture of unused vacation, accrued vacation is generally owed at separation. Use-it-or-lose-it is allowed with prior written notice.
Is paid sick leave required in New York?
Yes: 1 hour per 30 hours worked; up to 40 hours paid per year for employers with 5-99 employees, 56 hours paid for 100+ employees; employers with 0-4 employees give 40 hours (unpaid unless net income exceeds $1 million). Separate 20 hours of paid prenatal leave per year since Jan 1, 2025.
Sources
HR laws in other states
This page is general information for employers, not legal advice. Employment laws change and can vary by city and county. Confirm details with the state labor department or an employment attorney. Read our disclaimer.