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Employment Preemption in New York, NY (2026)

2 verified employment preemption rules for New York, New York, sourced directly from the municipal code and official government pages.

Verified from official government sources

Minimum Wage Preemption

New York Labor Law section 652 sets a tiered statewide minimum wage and expressly preempts cities from setting their own. Effective January 2024, NYC, Long Island, and Westchester pay $16 per hour, rising to $16.50 in 2025 and $17 in 2026 by statute.

NY State preempts city minimum wage; NYC pays $16 per hour

Some Restrictions

Worker Scheduling Preemption

NYC Fair Workweek, codified at Administrative Code chapter 12, requires fast-food and retail employers to post schedules 14 days in advance, pay premiums for last-minute changes, and offer extra hours to existing fast-food employees before hiring new staff.

NYC Fair Workweek covers retail and fast-food worker schedules

Heavy Restrictions

Looking for New York County county-wide rules?

County ordinances apply to unincorporated areas and may supplement New York city rules.

Employment Preemption in New York County