New York Statewide Rule

New York Minimum Wage — State Sets Floor

Heavy RestrictionsApplies statewide across New York (2026)

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.

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

What is the minimum wage in New York?

As of 2024: $16.00/hr in NYC, Long Island (Nassau/Suffolk), and Westchester County. $15.00/hr in the rest of the state. Rates will be indexed to CPI-W starting January 2027.

Can New York City set a higher minimum wage?

No. Labor Law §652(4) preempts local minimum wage ordinances. Only the State Legislature can raise the minimum wage. NYC has tried multiple times and been blocked.

What is the tipped minimum wage in NYC?

Food service workers earn $10.65/hr cash wage plus a $5.35 tip credit, totaling $16.00/hr. If tips don't bring the worker to $16/hr, the employer must make up the difference.

Sources

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New York Minimum Wage — State Sets Floor

Heavy RestrictionsApplies statewide across New York (2026)

Full Breakdown

Frequently Asked Questions

What is the minimum wage in New York?

As of 2024: $16.00/hr in NYC, Long Island (Nassau/Suffolk), and Westchester County. $15.00/hr in the rest of the state. Rates will be indexed to CPI-W starting January 2027.

Can New York City set a higher minimum wage?

No. Labor Law §652(4) preempts local minimum wage ordinances. Only the State Legislature can raise the minimum wage. NYC has tried multiple times and been blocked.

What is the tipped minimum wage in NYC?

Food service workers earn $10.65/hr cash wage plus a $5.35 tip credit, totaling $16.00/hr. If tips don't bring the worker to $16/hr, the employer must make up the difference.