HOURLY WAGE INDEX

Let’s talk wages in New York

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$16.00

What is the minimum wage in New York?

The minimum wage is $17.00 per hour for all employees in New York City and Remainder of Downstate (Nassau, Suffolk, and Westchester Counties) effective January 1, 2026. This is the result of a law signed by Governor Andrew Cuomo in 2016 that gradually increased the minimum wage to $16.50 per hour by 2024.

The New York state minimum wage that spans outside of the areas listed above is $16.00 per hour, effective January 1, 2026. This is the result of a law signed by Governor Kathy Hochul in 2022 that gradually increased the New York minimum wage to $15 per hour by 2026.

There are a few exemptions to the New York minimum wage law. Tipped food service workers are paid a lower minimum wage of $11.35 per hour in New York City and Remainder of Downstate (Nassau, Suffolk, and Westchester Counties), and $10.70 per hour in the rest of New York State. However, they must also receive tips that bring their hourly earnings up to the minimum wage. Employees under the age of 18 are also paid a lower minimum wage of $13.00 per hour in New York City, Long Island, and Westchester County, and $12.30 per hour in the rest of New York State.

The minimum wage is an important issue for many people in New York. It is a matter of fairness, economic security, and quality of life. The debate over the minimum wage is likely to continue in New York.

Here are some additional facts about the minimum wage in New York:

  • The minimum wage was first established in New York in 1961.
  • The minimum wage has been increased 25 times since it was first established.
  • The minimum wage is indexed to inflation, so it automatically increases each year with the cost of living.

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$28.41

What is the average wage in New York?

The average wage in New York state varies depending on the industry and occupation. According to data from the Bureau of Labor Statistics, as of 2024, the average hourly wage in New York state was $28.41. 

The average wage for certain industries such as finance, insurance, and professional, scientific, and technical services is higher. Conversely, the average wage for industries such as retail trade, accommodation and food services, and healthcare and social assistance is lower. It's also worth noting that the average wage in New York City is likely to be higher than the average wage in other parts of the state due to the high cost of living and concentration of high-paying jobs in the city.

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$27.57

What is the living wage in New York?

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$17.00

What is the minimum wage in New York City?

The minimum wage in New York City is $17 per hour and is adjusted annually thereafter.

A guide to hourly labor laws in New York

  • Standard Minimum Wage: $16; $17 in New York City and Remainder of Downstate (Nassau, Suffolk, and Westchester Counties) (NY DoL) (N.Y. Lab. Law § 652).
  • Tipped Minimum Wage (for food service workers):
    • New York State: $10.70 ($5.30 tip credit).
    • New York City and Remainder of Downstate (Nassau, Suffolk, and Westchester Counties) : $11.35 ($5.65 tip credit). Cash wages plus tips must total at least the minimum wage (NY DoL) (N.Y. Lab. Law § 652).
  • Overtime: Hours exceeding 40 in a fixed week are overtime, paid at 1.5 times the regular rate (NY AG) (N.Y. Comp. Codes R. & Regs. tit. 12, § 142-2.2) (29 US Code § 207) (DoL).
  • Meal Breaks: A 30-minute unpaid meal break for 6+ hours worked (NY DoL) (N.Y. Lab. Law § 162). Federal law allows unpaid, non-working, bonafide meal breaks over 30 minutes; exceptions may apply (29 C.F.R. § 785.19) (DoL).
  • Rest Breaks: No state or federal law requires rest breaks. Breaks lasting 5–20 minutes must be paid (29 C.F.R. § 785.18).
  • Wage Deductions: Only those required by law, such as taxes, and those that benefit the employee, authorized by the employee in writing. Third-party deductions benefitting the employer may not reduce wages below the applicable minimum (N.Y. Lab. Law § 193) (29 C.F.R. § 4.168) (29 US Code § 203).

 

  • Final Paychecks: By the next regular payday after termination or resignation (N.Y. Lab. Law § 191).
  • Wage Payment Frequency: Weekly; as most restaurant workers are considered manual laborers, they are entitled to weekly pay. Otherwise, bimonthly (NY DoL) (N.Y. Lab. Law § 191).
  • Paid Sick Leave:
    • Employers with 5 to 99 employees: 40 hours of paid sick leave annually.
    • Employers with 100+ employees: 56 hours of paid sick leave annually (N.Y. Lab. Law § 196-b).
  • Paid Family and Medical Leave: New York's Paid Family Leave program provides up to 12 weeks of paid leave to eligible employees. This is in addition to 12 unpaid weeks in one year for eligible employees provided through FMLA (NY PFML) (N.Y. Workers' Comp. Law § 204) (FMLA).
  • Maximum Daily and Weekly Hours for Children Under 16:
    • General: No working during required school hours. Only between 7 a.m. and 7 p.m., extended to 9 p.m. between June 21 and Labor Day.
    • School sessions: Up to three hours per school day, eight hours per non-school day, six days per week, and 18 hours per week.
    • Non-school sessions (school must close for the entire calendar week): Up to eight hours per non-school day, 40 hours per non-school week, and six days per week (NYS DoL) (N.Y. Lab. Law § 131).
  • Maximum Daily and Weekly Hours for Children 16 and 17: No working during required school hours. Up to eight hours per non-school day, 48 hours per non-school week, six days per week. Restricted from working between midnight and 6 a.m. during non-school sessions. Restricted from working between 10 p.m. and midnight before a school day (NYS DoL) (N.Y. Lab. Law § 144).

 

Frequently asked questions

What is the difference between gross wages and net wages?

It's important to remember that the Hourly Wage Index data above reflects gross wages, or the amount of money an employee earns before accounting for payroll deductions like taxes, benefits, or wage garnishments. Due to variability in tax rates across locations, slightly lower gross wages in a certain location might result in higher take home pay, or vice versa.

What is a good hourly wage?

This question is a difficult one to answer, as a "good hourly wage" is highly subjective according to experience, work responsibilities, cost of living, and other factors. We recommend using Hourly Wage Index data as a starting point. Once you have established a baseline for certain positions, do further research into similar businesses in your area. Lastly, consider surveying your employees. They're the best resource to help you know what is a good hourly wage, what competitive pay looks like in your location, and how competitive wages change in your industry over time.

Offering competitive pay is one of my top priorities—what other resources do you have that might help?

We know that getting applicants to pay attention to your business can be extremely challenging, and that offering competitive pay is a huge part of that. Wages aren’t everything, however! Applicant experience is another important factor that can help set you apart from your competition. A few examples include:


  • Short, easy to understand job descriptions
  • Mobile-friendliness
  • Quick communication
  • Streamlined interview stages
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Learn about wages in your city

New York City Minimum Wage

Personal Information and Sensitive Personal Information

Before we discuss the right to limit and the right to opt-out, we must first define personal information and how it relates to sensitive personal information.

Personal information is any data that identifies, relates to, or could reasonably be linked to you or your household. A few examples of personal information include:

  • Name or nickname
  • Email address
  • Purchase history
  • Browsing history
  • Location data
  • Employment data
  • IP address
  • Profiles businesses create about you, including pseudonymous profiles (“user1234”)
  • Sensitive personal information

Sensitive personal information or “SPI” is a subset of personal information, defined as:

  • Identifying information (e.g. social security number, driver’s license)
  • Financial data (e.g. debit or credit card numbers)
  • Precise geolocation (within a radius of 1,850 feet)
  • Demographic or protected-class information (e.g. race/ethnicity, religion, union membership)
  • Biometric and genetic data (e.g. fingerprints, palm scans, facial recognition)
  • Communications and content (e.g. mail, email, text messages)
  • Health and sexual orientation (e.g. vaccine records, health history)

Right to Opt-Out

Californians have the right to opt-out of the sale and sharing of their personal information. That means you have the right to opt-out of the sale of your personal information to third parties (e.g. data brokers, advertisers). You also have the right to opt-out of the sharing of your personal information to prevent the targeting of ads across different businesses, websites, apps, or services.

CCPA-covered businesses must provide a link to allow you to exercise this right. It is usually found at the bottom of a webpage and will say “do not sell or share my personal information” or “your privacy choices.” Sometimes businesses offer privacy choices through a pop-up window or form

To opt-out of the sale and sharing of your personal information, click on the link or use the toggle provided by the business and follow the directions. Doing this on every website you visit can feel burdensome, but to ease the burden you can automatically select your privacy preferences for every website by using an opt-out preference signal, or OOPS for short.

An OOPS is a user-friendly and straightforward way for consumers to automatically exercise their right to opt-out of the sale and sharing of their personal information with the businesses they interact with online. An OOPS, such as the Global Privacy Control. It can either be a setting on your internet browser or a browser extension. With an OOPS, consumers do not have to submit individual requests to opt-out of sale or sharing with each business.

Right to Limit

Californians also have the right to direct businesses to limit the use and disclosure of their sensitive personal information.

Businesses covered under the CCPA must provide a link on their website that allows you to request the limiting of your SPI, if they plan on using it in certain ways. That link will also typically be at the bottom of a webpage and will say: “limit the use of my sensitive personal information” or “your privacy choices.” Once you send this request, the business must stop using your SPI for anything other than to:

  • Provide requested goods or services
  • Ensure security and integrity
  • Prevent fraud
  • Maintain system functionality
  • Comply with legal obligations

Bringing it Together

In summary, the CCPA gives you the right to opt-out of the sale and sharing of your personal information and gives you additional rights to further limit the use and disclosure of your sensitive personal information.

When you exercise these rights together, you exert greater control in protecting your personal data which is important for your identity, safety, and financial health.

If you are on a business’s website and you can’t find the links to exercise your rights, remember to check their privacy policy. The privacy policy should tell you how you can exercise your rights under the law.

If you find your rights being violated, you can submit a complaint to CalPrivacy.

Next in the LOCKED series, we will explore the right to correct and right to know. Follow us on social media to get live updates or check back in one week for the next post.

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Targeted Advertising

Used to deliver advertising that is more relevant to you and your interests. May also be used to limit the number of times you see an advertisement and measure the effectiveness of advertising campaigns. Advertising networks usually place them with the website operator’s permission.

Personalization

Allow the website to remember choices you make (such as your username, language, or the region you are in) and provide enhanced, more personal features. For example, a website may provide you with local weather reports or traffic news by storing data about your general location.

Analytics

Help the website operator understand how its website performs, how visitors interact with the site, and whether there may be technical issues.

Right to Limit Use of Sensitive Personal Information

You also have the right to limit how we use sensitive personal information (such as precise geolocation, financial data, etc.).

Your preference has been saved. We will not sell or share your personal information.