New York Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
New York employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for New York
- Minimum wage
- $17.00 per hour in New York City, Long Island and Westchester County; $16.00 per hour in the rest of the state. Some industries, such as home care, have different rates. New York State Department of Labor, Minimum Wage
- Final paycheck if fired or laid off
- Final wages must be paid by the regular payday for the pay period worked, and mailed if the employee asks. New York State Department of Labor, Wages and Hours FAQ; Labor Law §191(3)
- Meal and rest breaks
- All employees must get time off for meals after working a certain number of hours; in general, at least 30 minutes of unpaid time off when working more than 6 hours. New York State Department of Labor, Day of Rest and Meal Periods; Labor Law §162
- Unused vacation / PTO payout
- Depends on the employer's policy. If the employee earned vacation time and there is no written policy saying it is forfeited, the employer must pay accrued vacation at separation. New York State Department of Labor, Wages and Hours FAQ; Labor Law §195(5)
Last verified: 2026-10-26
Pay
| Minimum wage | $17.00 per hour in New York City, Long Island and Westchester County; $16.00 per hour in the rest of the state. Some industries, such as home care, have different rates. The general minimum wage will stay the same on January 1, 2027, because an inflation 'off-ramp' condition was met. Home care aide minimum wage rises on January 1, 2027, to $20.00 (NYC, Long Island, Westchester) and $19.00 (rest of state). |
|---|---|
| Tipped minimum wage | Only hospitality employers may take a tip credit. Tipped food service workers: cash wage of at least $11.35 per hour (NYC, Long Island, Westchester) or $10.70 (rest of state). Tipped service employees: $14.15 or $13.30. Wages plus tips must reach the full minimum wage. These rates also apply on January 1, 2027. |
| Overtime | Non-exempt employees must be paid overtime for hours over 40 in a workweek. Farm workers get overtime after 56 hours in a week and for work on their day of rest. Certain workers must also get 24 consecutive hours of rest each week. Day of rest: https://dol.ny.gov/day-rest-and-meal-periods |
| How often you must be paid | Manual workers must be paid weekly (unless the employer has state permission to pay biweekly); clerical and other workers at least twice a month. |
Breaks and leave
| Meal and rest breaks | All employees must get time off for meals after working a certain number of hours; in general, at least 30 minutes of unpaid time off when working more than 6 hours. Details depend on shift times under the Department's Meal Period Guidelines. No separate rest-break rule. |
|---|---|
| Paid sick leave | All employers must provide sick leave each calendar year: up to 40 hours unpaid at employers with 4 or fewer employees (paid if the employer's net income was over $1 million); up to 40 hours paid at employers with 5 to 99 employees; up to 56 hours paid at employers with 100 or more employees. |
Leaving a job
| Final paycheck if fired or laid off | Final wages must be paid by the regular payday for the pay period worked, and mailed if the employee asks. |
|---|---|
| Final paycheck if you quit | Same rule: by the regular payday for the pay period worked. |
| Unused vacation / PTO payout | Depends on the employer's policy. If the employee earned vacation time and there is no written policy saying it is forfeited, the employer must pay accrued vacation at separation. Employers must notify employees in writing or by posting of their vacation and leave policies. |
| Unemployment benefits | New York State Department of Labor. File an unemployment insurance claim with the Department; identity is verified through ID.me. |
Firing, retaliation and discrimination
| Whistleblower and retaliation protection | Employers may not retaliate against employees for complaining about Labor Law violations, giving information to or testifying before the Department of Labor, or serving on a jury. Retaliation includes firing, cutting hours or pay, demotion and threats, including threats to report someone to immigration authorities. |
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Where to get help in New York
Employment Law FAQ
What is the minimum wage in New York?
$17.00 per hour in New York City, Long Island and Westchester County; $16.00 per hour in the rest of the state. Some industries, such as home care, have different rates.
What is the tipped minimum wage in New York?
Only hospitality employers may take a tip credit. Tipped food service workers: cash wage of at least $11.35 per hour (NYC, Long Island, Westchester) or $10.70 (rest of state). Tipped service employees: $14.15 or $13.30. Wages plus tips must reach the full minimum wage.
What are the overtime rules in New York?
Non-exempt employees must be paid overtime for hours over 40 in a workweek. Farm workers get overtime after 56 hours in a week and for work on their day of rest. Certain workers must also get 24 consecutive hours of rest each week.
Are breaks required by law in New York?
All employees must get time off for meals after working a certain number of hours; in general, at least 30 minutes of unpaid time off when working more than 6 hours. Details depend on shift times under the Department's Meal Period Guidelines. No separate rest-break rule.
When do I get my final paycheck if I'm fired in New York?
Final wages must be paid by the regular payday for the pay period worked, and mailed if the employee asks.
When do I get my final paycheck if I quit in New York?
Same rule: by the regular payday for the pay period worked.
Does an employer have to pay out unused PTO in New York?
Depends on the employer's policy. If the employee earned vacation time and there is no written policy saying it is forfeited, the employer must pay accrued vacation at separation. Employers must notify employees in writing or by posting of their vacation and leave policies.
How often must employees be paid in New York?
Manual workers must be paid weekly (unless the employer has state permission to pay biweekly); clerical and other workers at least twice a month.
Is paid sick leave required in New York?
All employers must provide sick leave each calendar year: up to 40 hours unpaid at employers with 4 or fewer employees (paid if the employer's net income was over $1 million); up to 40 hours paid at employers with 5 to 99 employees; up to 56 hours paid at employers with 100 or more employees.
Is it illegal to fire someone for reporting a violation in New York?
Employers may not retaliate against employees for complaining about Labor Law violations, giving information to or testifying before the Department of Labor, or serving on a jury. Retaliation includes firing, cutting hours or pay, demotion and threats, including threats to report someone to immigration authorities.
How do I apply for unemployment in New York?
New York State Department of Labor. File an unemployment insurance claim with the Department; identity is verified through ID.me.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.