New York Labor Law §652 sets a tiered statewide minimum wage that preempts local minimum wage ordinances. As of 2024 the rate is $16.00/hr in NYC, Long Island, and Westchester County, and $15.00/hr in the rest of the state. The Legislature blocked NYC from setting a higher local wage.
New York Labor Law §652 establishes a statewide minimum wage with regional tiers. The 2023 state budget (Chapter 56 of 2023, Part Q) phased the wage to $16.00/hr in New York City, Nassau, Suffolk, and Westchester counties effective January 1, 2024, with the rest of the state at $15.00/hr. Annual indexing to CPI-W begins January 1, 2027. Section 652(4) explicitly preempts local governments from establishing a minimum wage higher than the state rate, blocking NYC and other localities from setting their own. Tipped food service workers in NYC, LI, and Westchester earn $10.65/hr cash wage plus a $5.35 tip credit, totaling $16.00/hr. The Fast Food Wage Order set sector-specific rates from 2015-2021 before merging into the general schedule.
Employer liable for unpaid wages plus 100% liquidated damages, interest, and attorneys' fees under Labor Law §663. Willful violations are misdemeanors. NY DOL investigates complaints; private right of action under §198.
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See how Albany's minimum wage preemption rules stack up against other locations.
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