Wage and hour rules for employees in New York — overtime, minimum wage, meal and rest breaks and the final paycheck — compared with federal law, with links to the official sources.
New York minimum wage
$16.00 per hour as of July 1, 2026 (federal: $7.25).
- $17.00 — New York City, Nassau, Suffolk and Westchester counties
- $16.00 — Rest of the state
Federal law The federal minimum wage is $7.25 per hour.
New York meal breaks
1 hour noon-day period; 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.; An additional 20 minutes between 5 p.m. and 7 p.m. for those employed on a shift starting before 11 a.m. and continuing after 7 p.m.; 1 hour in factories, 45 minutes in other establishments, midway in shift, for those employed more than a 6-hour period starting between 1 p.m. and 6 a.m.
Coverage: Factories; All other establishments and occupations covered by the Labor Law.; All industries and occupations.; See basic standard.
Federal law Federal law does not require meal breaks. A bona fide meal period (usually 30 minutes or more) when the employee is completely relieved from duty does not have to be paid.
New York final paycheck
Fired or laid off: By the regular payday for the pay period in which employment ended; paid by mail if the employee asks. Quit: Same rule: the statute covers any termination, so resignations are included.
Citation: N.Y. Labor Law §191(3)
Federal law Federal law does not require immediate payment of final wages; they are due by the next regular payday.
Same as federal law
- Overtime
- State law also requires overtime at 1.5× the regular rate after 40 hours in a workweek. Coverage and exemptions can differ from federal law.
- Rest breaks
- No state requirement for paid rest breaks for adult employees in the private sector (“States not listed do not require paid rest periods” — U.S. Department of Labor). Federal law does not require breaks either; short breaks that are given must be paid.
Find your state labor department (U.S. Department of Labor directory). Data last reviewed September 28, 2026.