New York Employment Law — full calculator

Frequently Asked Questions

• What are the overtime rules in New York State?

  Most New York employees earn overtime at 1.5 times their regular rate for hours worked beyond 40 per week — matching the federal FLSA threshold. However, NY sets a much higher exempt-employee salary floor: $1,275/week for NYC, Nassau, Suffolk, and Westchester counties, and $1,199.10/week for the rest of the state (as of January 1, 2026), compared to the federal $684/week. Live-in residential employees qualify for overtime after 44 hours per week, and farm workers after 52 hours per week in 2026 (phasing down to 40 by 2032).

• When must a New York employer issue a final paycheck?

  Under NY Labor Law §191, the employer must pay all final wages by the next regular payday for the pay period worked. Manual workers (factory, construction, farm, domestic) must always be paid on a weekly basis — within 7 days of the pay period end. Unlike California, New York does not require same-day payment upon termination, but the Wage Theft Prevention Act allows employees to recover up to 200% of unpaid wages as liquidated damages if the employer fails to pay on time.

• Are non-compete agreements enforceable in New York?

  Yes, with restrictions. New York applies a common-law 4-factor test: the agreement must (1) protect a legitimate business interest such as trade secrets or confidential information, (2) impose no undue hardship on the employee, (3) not harm the public, and (4) be reasonable in duration and geographic scope. Courts may modify (blue-pencil) an overly broad agreement rather than void it entirely. A notable exception: NY Labor Law §202-k prohibits broadcast employers from enforcing non-competes against most non-management employees in TV, radio, cable, or streaming.

• Does New York require meal breaks?

  Yes. Unlike the federal FLSA, which requires no breaks at all, New York Labor Law §162 mandates unpaid meal breaks for shifts over 6 hours. Non-factory workers must receive at least 30 minutes between 11 AM and 2 PM if the shift spans that window, or a 45-minute break at the midpoint for evening/night shifts starting between 1 PM and 6 AM. Factory workers receive 60-minute breaks under the same rules. All workers receive an additional 20-minute break between 5 PM and 7 PM if the workday spans from before 11 AM to after 7 PM.

• What is New York's paid sick leave requirement?

  New York State Paid Sick Leave Law (Labor Law §196-b) requires employers to provide leave accruing at 1 hour per 30 hours worked. Employers with 100 or more employees must provide up to 56 hours of paid sick leave per year. Employers with 5–99 employees (or 1–4 employees with net income over $1 million) must provide up to 40 hours of paid sick leave. Employers with 4 or fewer employees and net income of $1 million or less must provide up to 40 hours of unpaid sick leave. Unused leave carries over year-to-year, though employers may cap annual use at the accrual ceiling.

• What is the minimum wage in New York in 2026?

  Effective January 1, 2026, New York's minimum wage is $17.00 per hour in New York City, Nassau County, Suffolk County, and Westchester County, and $16.00 per hour for the rest of the state. Both rates are far above the federal FLSA floor of $7.25/hour. The hospitality industry has a separate tipped-worker structure: tipped service employees earn a cash wage of $14.15/hr (NYC/LI/Westchester) or $13.30/hr (rest of NY), and food service workers earn $11.35/hr or $10.70/hr respectively, with employer tip credits making up the difference to the minimum wage floor.

• How does New York overtime law differ from federal FLSA?

  New York closely mirrors the FLSA's 40-hour weekly threshold for most workers, but departs in two key ways: (1) NY's exempt-salary floor for executive and administrative employees is significantly higher than the federal $684/week — $1,199.10/week upstate and $1,275/week in NYC/LI/Westchester as of 2026 — meaning more salaried workers qualify for overtime under NY law than under federal law; and (2) NY sets special thresholds for residential employees (44 hrs) and farm workers (52 hrs in 2026). NY does not require daily overtime, unlike California.

• Can a New York employer withhold a final paycheck if the employee did not return equipment?

  No. New York employers cannot withhold or delay a final paycheck as leverage for the return of equipment, keys, or other property. The final paycheck must be issued by the next regular payday regardless of outstanding obligations. An employer may pursue a separate civil claim for unreturned property, but withholding wages is a violation of NY Labor Law and can result in double damages under the Wage Theft Prevention Act.

• Does New York have a minimum wage for tipped workers?

  Yes. New York uses a tip-credit system for hospitality workers. As of 2026, service employees in NYC and Long Island/Westchester must receive at least $14.15/hour in cash wages, with a $2.85/hour tip credit the employer may claim. Food service workers in those areas receive at least $11.35/hour in cash wages with a $5.65/hour tip credit. If an employee's tips don't cover the credit amount, the employer must make up the difference. The tip credit is forfeited if the employee spends more than 2 hours or 20% of their shift on non-tipped duties.

• What is the 'day of rest' requirement in New York?

  New York Labor Law requires that most employers provide employees with at least 24 consecutive hours of rest in every calendar week. This applies across most industries (including factories, hotels, restaurants, and farms). An employer may apply for a variance from the Department of Labor if operational necessity requires otherwise.