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.
Labor Law section 652 establishes a statewide minimum wage and bars municipalities from enacting higher wage floors of general application. The 2023 budget law set a regional schedule: $16 per hour in NYC, Nassau, Suffolk, and Westchester effective January 1, 2024, $16.50 in 2025, and $17 in 2026, with annual indexing thereafter. The rest of New York State trails by 50 cents. Tipped food service workers receive a tip credit calculated under 12 NYCRR section 146-1.3. Fast-food workers are covered by a parallel sectoral wage. NYC cannot set a higher floor, but Local Law 37 of 2012 imposes living-wage rules on city contractors.
Paying below the regional minimum violates Labor Law section 652 and triggers New York Department of Labor liquidated damages equal to 100 percent of unpaid wages, plus interest, attorney fees, and possible criminal misdemeanor exposure under section 198-a.
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