New York minimum wage 2026: NYC, Long Island and upstate rates

The New York minimum wage depends on where the work happens. Since January 1, 2026, it is $17.00 an hour in New York City and in Nassau, Suffolk and Westchester counties, and $16.00 an hour everywhere else in the state. The New York State Department of Labor (NYSDOL) has confirmed that both rates stay the same on January 1, 2027. On top of the hourly rate, New York adds rules most states do not have: a lower cash wage with a tip credit for restaurant and hotel staff, a higher wage for home care aides, an extra hour of pay for long days, call-in pay, weekly pay for manual workers, and a written pay notice at hire. This guide covers each one with sources and worked math.

NYS minimum wage 2026 by region

The rates below come from the 2023 state budget, which set three yearly steps: 2024, 2025 and 2026. NYSDOL lists them on its minimum wage pages. There is no separate rate by employer size anymore, and the NYC minimum wage is the same as the downstate state rate; New York City does not set its own general minimum.

The rate follows the place of work. A Westchester employer with a crew that works a day in Albany owes at least $16.00 for the Albany hours and $17.00 for the Westchester hours. Most employers simply pay the higher rate across the board, which also keeps payroll simpler. If you are comparing states, our minimum wage by state guide lists every state rate side by side.

What happens to minimum wage NY rates in 2027

The 2023 law said that after the 2026 step, the rates would rise each year with inflation, measured by the CPI-W for the Northeast region. It also wrote in “off-ramps,” conditions that pause the increase when the economy or state finances weaken.

For 2027, an off-ramp applies. NYSDOL’s minimum wage page says “for 2027, the conditions for one of the off-ramps has been met,” so the general minimum wage will not receive an inflation increase on January 1, 2027. The Governor’s office confirms the rates stay at $17.00 and $16.00.

Governor Hochul has proposed changing the off-ramp rules. According to the Governor’s 2027 minimum wage page, if the State Legislature approves it, new rates would take effect on March 1, 2027: $17.60 an hour in New York City, Long Island and Westchester, and $16.55 an hour in the rest of the state. That is a proposal, not law, as of November 4, 2026. Do not budget for it as certain, and do not raise rates in payroll until NYSDOL publishes the change.

Home care aides are different. Their minimum wage still rises on January 1, 2027 (see below).

Weekly and annual pay at the New York minimum wage

These figures are gross pay before taxes for a non-exempt hourly employee. They hold for all of 2026 and, unless the March proposal passes, for 2027 as well.

Example with overtime. New York overtime works like the federal rule: time and a half for hours over 40 in a workweek. A Brooklyn stock clerk earns $17.00 an hour and works 46 hours.

1. Regular pay: 40 hours × $17.00 = $680.00.
2. Overtime rate: $17.00 × 1.5 = $25.50.
3. Overtime pay: 6 hours × $25.50 = $153.00.
4. Total for the week: $680.00 + $153.00 = $833.00.

The same week in Syracuse at $16.00 pays 40 × $16.00 = $640.00 plus 6 × $24.00 = $144.00, for $784.00. Bonuses and shift premiums change the regular rate; how to calculate overtime walks through those cases. NYSDOL also says residential (live-in) employees earn overtime after 44 hours a week instead of 40.

Tipped workers and the tip credit

New York lets hospitality employers, meaning restaurants and hotels covered by the Hospitality Industry Wage Order, pay tipped staff a lower cash wage and count part of their tips as a “tip credit.” NYSDOL says only hospitality employers may take a tip credit; it ended in other industries on December 31, 2020, and it is never allowed for fast food workers. These are the 2026 rates from NYSDOL’s hospitality notice (P717), which also apply on January 1, 2027:

The cash wage plus tips must reach the full minimum wage for every hour. If a server’s tips fall short in a week, the employer makes up the difference. NYSDOL’s notice also sets limits:

• Non-tipped work. No tip credit on any day a tipped worker spends more than two hours, or more than 20% of the shift, on non-tipped work such as prep or cleaning.
• Low-tip weeks for service employees. No tip credit in a week when a service employee’s tips average less than $3.65 an hour in restaurants and all-year hotels ($3.40 upstate), or less than $9.55 an hour in resort hotels ($9.00 upstate).
• Tips belong to the worker. Employers may not keep any part of an employee’s tips.

Tipped overtime example. NYSDOL says overtime for tipped workers is time and a half the minimum wage, minus the tip credit. A Manhattan server works 45 hours: 40 × $11.35 = $454.00, plus 5 hours at ($17.00 × 1.5) − $5.65 = $19.85, which is $99.25. The cash wages for the week total $553.25, and tips must cover the rest of the $17.00 for each straight-time hour.

Fast food workers and home care aides

Fast food. Fast food workers once had their own, faster schedule. Since 2024 their rate has matched the general rate: $17.00 in New York City, Long Island and Westchester and $16.00 in the rest of the state for 2026, per NYSDOL’s minimum wage history. NYSDOL’s fact sheet defines a fast food establishment as one that mainly sells food or drinks, offers limited service, and is part of a chain of 30 or more locations nationally, including franchises. No tip credit is allowed for any fast food worker, including delivery staff.

Home care aides. Home care aides have a separate, higher minimum set by Public Health Law. NYSDOL lists these rates:

NYSDOL says home care rates are adjusted for inflation but capped at $3.00 above the standard minimum wage, which is why they reach exactly $20.00 and $19.00 while the general rate holds. Under the Governor’s proposal they would be $20.30 and $19.30 from March 1, 2027, again only if the Legislature acts.

App-based delivery workers in New York City are usually independent contractors, not employees, and the city’s Department of Consumer and Worker Protection sets a separate minimum pay rate for them. Check that agency if you use delivery apps; the state minimum wage covers your own employees.

New York minimum wage history

NYSDOL’s history of the general hourly minimum wage shows how the rates got here. Until 2019 New York City had separate rates for small and large employers; from December 31, 2019, all NYC employers paid $15.00.

There is no lower rate for teenagers. NYSDOL states that “there is no lower wage rate established for trainees or youth.”

Exempt salary threshold in New York

New York sets its own salary floor for the executive and administrative overtime exemptions, well above the federal $684 a week. NYSDOL’s minimum wage FAQ gives these 2026 figures:

• New York City, Long Island and Westchester: $1,275.00 a week ($66,300 a year). This also applies to fast food establishments.
• Rest of the state: $1,199.10 a week ($62,353.20 a year).

NYSDOL says these thresholds rise in proportion to minimum wage increases. Because the general rate does not rise on January 1, 2027, the thresholds are not expected to change then, but NYSDOL had not published a separate 2027 figure when we checked, so confirm before the first payroll of 2027. New York has no state salary test for the professional exemption, so the federal level applies there. Salary is only half the test; our exempt vs non-exempt guide covers the duties tests too.

Spread of hours and call-in pay

Two New York rules add pay on top of the hourly rate, and both are easy to miss in a time clock export.

Spread of hours. If the time from the start to the end of an employee’s workday is more than 10 hours, counting breaks and time off in between, the employee gets one extra hour of pay at the basic minimum wage. Split shifts trigger it too. In restaurants and all-year hotels, the Hospitality Wage Order applies this to every employee regardless of pay rate. Under the Miscellaneous Industries Wage Order, it is part of the minimum wage rules, so it mainly affects employees paid at or near the minimum; check NYSDOL guidance for higher-paid staff.

Example: a Buffalo line cook works 10:00 a.m. to 2:00 p.m. and 5:00 p.m. to 10:00 p.m. That is 9 hours of work but a 12-hour spread, so the cook earns one extra hour at $16.00 for that day. The extra hour is not hours worked and does not count toward overtime.

Call-in pay. If you ask or allow an employee to report for work and then send them home early, New York requires a minimum payment:

• Most industries: at least 4 hours, or the hours of the regularly scheduled shift if shorter, at the basic minimum wage. A Queens retail associate on a regular 6-hour shift who is sent home on arrival is owed at least 4 × $17.00 = $68.00.
• Restaurants and hotels: at least 3 hours for one shift (or the regularly scheduled shift, if shorter), 6 hours for two shifts totaling 6 hours or less, and 8 hours for three shifts totaling 8 hours or less. Hours actually worked are paid at the normal rate less any tip credit, and the rest at the basic minimum wage with no tip credit. A Long Island server sent home after 1 hour of a regular 5-hour shift gets $11.35 for the hour worked plus 2 × $17.00 = $34.00, or $45.35 in total.

A shift scheduling tool that shows split shifts and long days before you publish the week helps you spot spread-of-hours pay ahead of time.

Pay frequency, pay notices and other New York rules

• Manual workers are paid weekly. NYSDOL says Labor Law 191 requires manual workers, generally anyone spending more than 25% of their time on physical labor, to be paid weekly. Clerical and other workers must be paid at least twice a month. Large employers can apply to NYSDOL for permission to pay manual workers semimonthly. Line cooks, warehouse staff and many retail workers fall in the manual group, so a biweekly payroll that works in other states may not work here.
• Pay notice at hire. The Wage Theft Prevention Act requires a written pay rate notice for every new hire, on form LS 54 for hourly employees, in English and the employee’s primary language where NYSDOL has a translation, with a signed acknowledgment kept for six years. Our new hire paperwork guide lists it with the other onboarding forms.
• Wage statement every payday. Each pay stub must show the pay rate, hours worked, gross and net wages, and deductions.
• Paid sick leave. New York requires paid sick leave, and the hours count at the employee’s regular rate. See our paid time off guide for the accrual rules.
• Posters. Post NYSDOL’s current minimum wage poster for your industry where employees can see it.

What employers should do before 2027

1. Confirm each worksite’s region. Downstate means the five boroughs plus Nassau, Suffolk and Westchester; everywhere else is the $16.00 region.
2. Keep January rates as they are. Do not apply a projected increase. Watch NYSDOL and the Legislature for the proposed March 1, 2027 change.
3. Raise home care aides on January 1, 2027. The new minimums are $20.00 and $19.00.
4. Audit tip credits. Track non-tipped side work by shift, and check service employees’ weekly tip averages.
5. Add spread of hours and call-in pay to payroll. Flag days with a spread over 10 hours and early send-homes.
6. Check pay frequency. Manual workers need a weekly payroll unless you hold NYSDOL authorization.
7. Tell employees about rate changes in writing. New York Labor Law 195 covers notice of pay changes; check NYSDOL’s Wage Theft Prevention Act guidance for when a new notice is needed.

Workers with questions, or employers who want to check a rate, can call NYSDOL at 1-888-4-NYSDOL (1-888-469-7365) or use the department’s minimum wage lookup tool. A time clock app with geofencing records where each shift took place, which settles which regional rate applies.

Frequently asked questions