The minimum wage in New York is $16.00 per hour in New York City and the Remainder of Downstate (Nassau, Suffolk, and Westchester Counties), and $16.00 per hour in the rest of the state, effective January 1, 2026. Food service workers in New York City and Downstate are subject to a tipped minimum wage of $11.35 (with a $5.65 tip credit); the statewide rate for food service workers is $10.70 (with a $5.30 tip credit). Cash wages plus tips must total at least the applicable minimum wage.
According to the U.S. Bureau of Labor Statistics, the average hourly wage in New York state is $29.07. Wages vary by occupation, industry, and location.
A guide to hourly labor laws in New York
$16; $17 in New York City and Remainder of Downstate (Nassau, Suffolk, and Westchester Counties) (NY DoL) (N.Y. Lab. Law § 652).
- 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).
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).
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).
No state or federal law requires rest breaks. Breaks lasting 5–20 minutes must be paid (29 C.F.R. § 785.18).
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).
By the next regular payday after termination or resignation (N.Y. Lab. Law § 191).
Weekly; as most restaurant workers are considered manual laborers, they are entitled to weekly pay. Otherwise, bimonthly (NY DoL) (N.Y. Lab. Law § 191).
- 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).
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).
- 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).
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).
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?
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.
Offering competitive pay is one of my top priorities—what other resources do you have that might help?
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.
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