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Work & wages · Your right

New York minimum wage in 2026: $17 in NYC, Long Island and Westchester, $16 elsewhere

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In 2026 the New York minimum wage is $17.00 an hour in New York City, Nassau, Suffolk and Westchester, and $16.00 an hour in the rest of the state (Labor Law § 652(1-a)). The Department of Labor has announced that these rates stay the same on January 1, 2027. The rate depends on where you work, not where the employer's office is, and there is no lower rate for young workers or trainees. Tipped hospitality workers, home care aides and some other groups have special rules. If you're paid less, you can recover the difference plus damages.

Read on for the details, the exceptions and the sources.

In plain words

Minimum wage
The lowest hourly pay the law allows for each hour you work.
Tip credit
In hospitality jobs only, a part of the minimum wage an employer may count from your tips, if strict rules are met.
Wage order
Rules from the Commissioner of Labor for specific industries, such as hospitality, building service and farm work.

What is it?

A floor on hourly pay that every covered employer must pay for each hour worked. New York's rate is set by Labor Law § 652 and is much higher than the federal minimum of $7.25 (29 U.S.C. § 206); employers covered by both must pay the higher one. From 2027, the law ties yearly increases to inflation, with 'off-ramps' that can pause an increase — for January 1, 2027 an off-ramp applies and the rates stay the same.

Who qualifies?

Almost every employee in New York, full-time or part-time, regardless of immigration status. Labor Law § 651(5) leaves out some groups, including bona fide executive, administrative and professional employees, outside salespeople, taxicab drivers, part-time babysitters in the employer's home, government employees (some non-teaching school district staff are covered), and certain volunteers, students and members of religious orders working for nonprofit institutions.

Independent contractors are not covered — but a worker labeled 'independent contractor' may legally be an employee. See the page on misclassification.

Exceptions

  • Tipped workers in hospitality (restaurants and hotels) may be paid a lower cash wage plus a tip credit, if tips make up the difference and the rules are followed. Outside hospitality, tip credits aren't allowed.
  • Home care aides have a separate, higher minimum wage; check the DOL's minimum wage lookup tool.
  • Fast food workers, nail salon workers and farmworkers have specific rules; the DOL publishes information for each.
  • There's no youth or trainee minimum wage in New York.
  • If you work in two regions (for example Westchester and New York City), your employer must pay each hour at the rate for where it was worked, or the higher rate for all hours.

How much?

From January 1, 2026: $17.00 an hour in New York City (the Bronx, Brooklyn, Manhattan, Queens and Staten Island), Nassau, Suffolk and Westchester; $16.00 an hour everywhere else in the state (Labor Law § 652(1-a)). The DOL says the rates remain $17.00 and $16.00 on January 1, 2027.

Overtime must be at least 1.5 times the minimum wage: $25.50 and $24.00 an hour.

How is it calculated?

For hourly workers, check that your hourly rate is at least the minimum for where you work. If you're paid a salary, by the piece, by commission or a day rate, divide your total pay for the workweek by all the hours you worked that week; the result must be at least the minimum wage. The DOL says commissions and bonuses can count, but the employer must make sure you earn at least the minimum for every hour.

If you wear a required uniform, the cost of buying or cleaning it can't bring your pay below the minimum wage; at minimum-wage rates the employer must clean it or pay you to do so. Ordinary clothing such as black pants and a white shirt generally isn't a uniform.

What documents do you need?

  • Pay stubs showing your rates and hours (Labor Law § 195(3))
  • Your hiring pay notice, which must state your rate and any tip, meal or lodging allowance claimed (§ 195(1))
  • Your own log of hours worked and where you worked them
  • Bank records or notes of cash payments

How do you get it?

  1. Find your rate

    Confirm the minimum for the county where you work. For tipped, home care or other special jobs, use the DOL's minimum wage lookup tool.

  2. Raise it in writing

    Tell your employer the rate you are owed and the hours that were underpaid. Asking is protected; Labor Law § 215 bars retaliation.

  3. File a claim or sue

    File a free claim with the NYS Department of Labor's Division of Labor Standards, or sue the employer, including in small claims court for smaller amounts.

What if they refuse?

Under Labor Law § 663(1), a worker paid less than the minimum wage recovers the underpayment, costs, reasonable attorney's fees, prejudgment interest and, unless the employer proves good faith, liquidated damages equal to 100% of the underpayment. An agreement to work for less is no defense. The Commissioner of Labor can also order payment with liquidated damages and penalties (§ 663(2), § 218).

Deadlines

You generally have six years to sue under New York law (Labor Law § 663(3)), paused while a DOL complaint is pending. The DOL won't accept claims for wages earned more than three years ago. Federal minimum wage claims must be filed within two years, or three if willful (29 U.S.C. § 255).

Calculator

Result
$807.50 for the week

How we calculated

Where you workNew York City
Minimum wage (2026)$17.00 an hour — Labor Law § 652(1-a)
Your hourly rate$17.00
Hourly rate the law requires$17.00
Regular hours (up to 40)40 × $17.00 = $680.00
Overtime hours (over 40)5 × $25.50 (1.5 × $17.00) = $127.50
Minimum gross pay for the week$807.50
  • Non-exempt employees are owed 1.5 times their regular rate for hours over 40 in a workweek (overtime under federal law and New York's minimum wage order).
  • Tipped food-service workers, home care aides, farmworkers and some other groups have special rules and rates; this calculator does not cover them.
  • From 2027 the rates are adjusted each year by the Commissioner of Labor; check dol.ny.gov for the current figure.
  • This is gross pay before taxes and lawful deductions.

Figures that change

  • Minimum wage — New York City, Nassau, Suffolk, Westchester: $17.00 an hour (as of 2026-10-30; Minimum Wage — NYS Department of Labor)
  • Minimum wage — rest of New York State: $16.00 an hour (as of 2026-10-30; Minimum Wage — NYS Department of Labor)
  • Federal minimum wage: $7.25 an hour (as of 2026-10-30; 29 U.S.C. § 206 — Federal minimum wage)

Frequently asked questions

Is there a lower minimum wage for teenagers or new employees in New York?

No. The DOL says there is no lower rate for trainees or youth.

My company is based upstate but I work in Manhattan. Which rate applies?

The rate for where you work. The DOL says employees must be paid the minimum wage for their work location regardless of where the employer's main office is.

Will the minimum wage go up in 2027?

Not on January 1, 2027. The DOL has announced that an off-ramp in the law was triggered, so the rates stay at $17.00 and $16.00. Check dol.ny.gov for later changes.

I'm paid in cash and undocumented. Am I covered?

Yes. The Division of Labor Standards says it protects all workers, including undocumented workers and those paid off the books.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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Related guides

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.