New York Labor Law § 652 sets minimum wage rates by region statewide and bars local governments from establishing their own minimum wages above or below the state schedule.
Labor Law § 652 establishes scheduled minimum wages with three regional tiers: New York City, Long Island and Westchester, and the rest of the state. Rates step up annually under the 2023 amendments toward $17 in the downstate counties and $16 in upstate by 2026. Labor Law § 652-a expressly preempts local minimum wage ordinances, so cities and counties may not adopt their own rates. Tipped workers are governed by Department of Labor wage orders that set tip credits and required cash wages industry by industry.
Underpayment triggers liability for back wages, 100% liquidated damages, interest, civil penalties, and possible criminal misdemeanor charges for willful violations.
See how New York's minimum wage preemption rules stack up against other locations.
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