New York Minimum Wage: Rate, Tipped Wage, and Local Rules

New York does not have a single statewide minimum wage. As of 2026, the rate is $17.00 per hour in New York City, Long Island (Nassau and Suffolk counties), and Westchester County, and $16.00 per hour in the rest of the state. Both figures are well above the federal floor of $7.25 per hour set by the Fair Labor Standards Act (FLSA), which has not changed since 2009. When the state rate is higher than the federal rate, New York employers must pay the higher New York rate. These amounts come from a multi-year schedule enacted in the 2023 state budget, and beginning January 1, 2027, the minimum wage is set to rise automatically each year based on inflation. Because these numbers change on a fixed schedule and then by formula, always confirm the figure that applies to your county and the current year directly with the New York State Department of Labor before relying on it.

New York's two-tier (regional) minimum wage

New York phased in higher minimums on different timelines depending on where you work. Under the schedule signed into law in 2023, the rates climbed as follows:

• New York City, Long Island, and Westchester: $16.00 (2024), $16.50 (2025), and $17.00 (2026).
• Remainder of New York State (upstate and all counties outside the NYC metro region above): $15.00 (2024), $15.50 (2025), and $16.00 (2026).

The region that applies to you is based on where you physically perform the work, not where your employer's headquarters is located. A worker who clocks hours in Westchester is entitled to the downstate rate even if the company is based upstate.

Inflation indexing after 2026

Starting January 1, 2027, New York's minimum wage is scheduled to increase annually based on the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast region. The law includes an "off-ramp" that can pause an increase during an economic downturn (for example, if unemployment or job losses cross certain triggers). Because the indexed rate is calculated and announced by the state, the simplest way to know the exact amount for a given year is to check the official Department of Labor minimum wage page rather than estimating it yourself.

Tipped workers: cash wage and tip credit

New York allows employers in some industries to pay a lower direct cash wage and count a portion of an employee's tips toward the minimum wage. This is called a tip credit. The rules differ by industry and are set out in New York's wage orders, so the structure is more detailed than a single "tipped minimum wage."

In the hospitality industry, the two main categories are:

• Food service workers (such as servers and bartenders who regularly receive tips): the employer may take a tip credit of roughly one-third of the minimum wage. For 2026, that generally means a cash wage of about $11.35 per hour with a tip credit of about $5.65 in NYC, Long Island, and Westchester (totaling $17.00), and a cash wage of about $10.70 with a tip credit of about $5.30 in the rest of the state (totaling $16.00). Confirm the exact cash wage and tip-credit amounts in the current wage order, because they are published separately by region.
• Service employees (such as some hotel or banquet staff): a smaller tip credit applies, so the required cash wage is higher than for food service workers.

Critically, the tip credit only works if tips actually bring the worker up to at least the full minimum wage for every hour worked. If a server's cash wage plus tips does not reach the applicable minimum (for example, $17.00 in NYC) for a given pay period, the employer must make up the difference. Employers must also notify tipped workers of the tip credit in writing before taking it, and they cannot keep employees' tips or force valid tips into a pool that includes managers or owners.

New York has also eliminated the tip credit entirely for many workers outside hospitality. Since the end of 2020, employers in "miscellaneous" industries (covering jobs such as nail salon workers, car wash attendants, valet parkers, dog groomers, tow truck drivers, and similar tipped roles) generally must pay the full minimum wage with no tip credit. If you work a tipped job that is not in a restaurant or hotel, do not assume a sub-minimum cash wage is legal.

Overtime and how New York compares to federal law

Like the FLSA, New York requires overtime at one and one-half times the regular rate for hours worked over 40 in a workweek for most employees. For tipped overtime, the overtime rate is calculated on the full minimum wage (or the worker's regular rate, if higher) and then the tip credit is subtracted, rather than simply multiplying the lower cash wage by 1.5. New York also has additional pay protections that go beyond the federal baseline, including spread-of-hours pay (an extra hour at the minimum wage on days when the workday spans more than 10 hours) and, in some cases, call-in (reporting) pay. These state-specific rules mean a New York paycheck can owe more than a straight federal calculation would suggest.

Exceptions and special cases

• Fast-food workers: New York historically maintained a separate, higher schedule for fast-food employees at large chains. With the general rate now at $16.00-$17.00, check the current fast-food wage order if you work at a covered chain restaurant.
• Smaller adjustments by job type: Wage orders also set allowances for items like uniforms, meals, and lodging, and they govern overtime exemptions. The exact dollar figures are updated alongside the minimum wage.
• Trainees, students, and certain youth or disability programs: Limited subminimum certificates exist in narrow circumstances; these are tightly regulated and are not a general license to pay less.

How to enforce your rights

If you are paid less than the New York minimum wage, denied overtime, or have tips withheld, you can file a wage claim with the New York State Department of Labor (NYSDOL), Division of Labor Standards. New York's labor law generally allows workers to recover unpaid wages going back up to six years, along with liquidated (double) damages, interest, and attorney's fees in many cases. Retaliation for asserting wage rights, including filing a complaint or asking about your pay, is illegal. Keep your own records of hours worked, pay stubs, and tip amounts, because contemporaneous records strengthen a claim.

Where to confirm the current rate

The authoritative source is the New York State Department of Labor, which publishes the current minimum wage by region, the tipped cash-wage and tip-credit amounts in each wage order, and the annual indexed increases that take effect after 2026. Because the rate steps up on a set schedule and then adjusts with inflation, verify the figure for your specific county and year on the NYSDOL minimum wage page before counting on a number. If your city or county has questions about local rules, NYSDOL can also confirm whether any additional local requirements apply to your worksite.

Official New York Sources

This page is based on New York employment law. Rules and figures change — verify the current details directly with the official New York sources below. This is general legal information, not legal advice.

• New York State Department of Labor — official New York agency.
• File a Labor Standards Wage Theft Claim
• New York Labor Law (Consolidated Laws, Chapter 31)

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside New York state law.