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 leaves no room for local wage ordinances. As of January 1, 2026 the rate is $17.00/hr in NYC, Long Island, and Westchester County, and $16.00/hr in the rest of the state, with inflation indexing starting 2027.

Key Facts

Metro Minimum: NYC, Nassau, Suffolk, Westchester: $17.00/hr (2026)
Upstate Minimum: Rest of NY State: $16.00/hr (2026)
Inflation Indexing: CPI-W indexing begins January 1, 2027
Tipped Workers: NYC metro food service: $11.35 cash + $5.65 tip credit (2026)
Local Preemption: Courts hold local wage ordinances preempted by state law
Fast Food Order: Fast Food Wage Order historically set sector-specific rates

Last verified: 2026-05-14Source: NY Department of Labor — Minimum Wage

Full Breakdown

New York Labor Law §652 establishes a statewide minimum wage with regional tiers. The 2023 state budget phased in increases: $16.00 in 2024, $16.50 in 2025, and $17.00 in 2026 for New York City, Nassau, Suffolk, and Westchester counties, with the rest of the state one dollar lower ($15.00, $15.50, $16.00). Annual indexing to CPI-W for the Northeast begins January 1, 2027. Courts have long treated local minimum wage laws as preempted by the state scheme, so NYC cannot set its own rate. Tipped food service workers in NYC, Long Island, and Westchester earn an $11.35/hr cash wage plus a $5.65 tip credit in 2026. The Fast Food Wage Order set sector rates from 2015 to 2021.

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 January 1, 2026: $17.00/hr in NYC, Long Island (Nassau/Suffolk), and Westchester County. $16.00/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. New York courts have held local minimum wage laws are preempted by the state scheme, so only the State Legislature can raise the rate. NYC attempts have been blocked.

What is the tipped minimum wage in NYC?

In 2026, food service workers earn an $11.35/hr cash wage plus a $5.65 tip credit, totaling $17.00/hr. If tips don't bring the worker to $17/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 January 1, 2026: $17.00/hr in NYC, Long Island (Nassau/Suffolk), and Westchester County. $16.00/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. New York courts have held local minimum wage laws are preempted by the state scheme, so only the State Legislature can raise the rate. NYC attempts have been blocked.

What is the tipped minimum wage in NYC?

In 2026, food service workers earn an $11.35/hr cash wage plus a $5.65 tip credit, totaling $17.00/hr. If tips don't bring the worker to $17/hr, the employer must make up the difference.