New York labor laws for hourly staff: minimum wage, breaks and minors
The US Department of Labor (updated November 5, 2026) lists New York's basic minimum rate as: $17.00 (New York City, Nassau County, Suffolk County, & Westchester County); $16.00 (remainder of the state). Other rates or conditions in the DOL entry are quoted below. The DOL meal-period table (revised January 1, 2023) lists a meal-period requirement for adult private-sector employees for New York, and its rest-period table does not list a paid rest-period requirement (the DOL notes: states not listed do not require paid rest periods).
New York labor rules at a glance
| Topic | What the US DOL table says for New York | Source date |
|---|---|---|
| Minimum wage | Basic Minimum Rate (per hour): $17.00 (New York City, Nassau County, Suffolk County, & Westchester County); $16.00 (remainder of the state) | November 5, 2026 |
| Overtime / premium pay | Premium Pay After Designated Hours 1 : Weekly - 40 Residential workers ("live-in workers") receive premium pay for hours worked over 44 in a payroll week. Employers operating a factory, mercantile establishment, hotel, restaurant, freight/passenger elevator, or theater; or a building employing security guards, janitors, superintendents, managers, engineers, or firemen must provide 24 hours of consecutive rest each week. Domestic workers are entitled to 24 hours of consecutive rest each week, and receive premium pay if they work during such period. | November 5, 2026 |
| Meal break (adults) | See table below | January 1, 2023 |
| Paid rest break (adults) | Not listed; DOL: states not listed do not require paid rest periods | January 1, 2023 |
| Minors under 16: max hours | 8-40-6 non- school day/week 3-18-6 school day/week | July 15, 2025 |
| Minors 16–17: max hours | 8-48-6 school day/week: 4 before school day, 8 Friday, Saturday, Sunday or holiday-28, if enrolled in school. | July 15, 2025 |
| Night work, under 16 | 7 p.m. (9 p.m. June 21 through Labor Day) to 7 a.m. | July 15, 2025 |
| Night work, 16–17 | 10 p.m. (midnight before school days with written permission from both parent and school and before non-school day with written parental consent) to 6 a.m., while school is in session. Midnight to 6 a.m. while school is not in session. | July 15, 2025 |
Minimum wage in New York
Basic Minimum Rate (per hour): $17.00 (New York City, Nassau County, Suffolk County, & Westchester County); $16.00 (remainder of the state)
Premium Pay After Designated Hours 1 : Weekly - 40
The New York minimum wage equals the federal minimum wage when set below the federal rate.
Residential workers ("live-in workers") receive premium pay for hours worked over 44 in a payroll week.
Employers operating a factory, mercantile establishment, hotel, restaurant, freight/passenger elevator, or theater; or a building employing security guards, janitors, superintendents, managers, engineers, or firemen must provide 24 hours of consecutive rest each week. Domestic workers are entitled to 24 hours of consecutive rest each week, and receive premium pay if they work during such period.
Employees receive 1 hour of pay at minimum wage rate in addition to owed wages when spread of hours exceeds 10 hours, there is a split shift, or both.
DOL footnote 1: The overtime premium rate is one and one-half times the employee's regular rate, unless otherwise specified.
The DOL notes that some local governments set minimum wages higher than the state rate, and that subminimum or training rates are not shown in its table.
Meal breaks in New York
| Rule | Prescribed by | Coverage |
|---|---|---|
| 1 hour noon-day period | Statute | Factories |
| 30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period. | Statute | All other establishments and occupations covered by the Labor Law. |
| 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. | Statute | All industries and occupations. |
| 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. | Statue | See basic standard |
The DOL lists New York among the jurisdictions with separate meal-period provisions for minors.
DOL footnote 3/: Not displayed in table are exemptions for executive, administrative and professional employees, and for outside salespersons.
Rest breaks in New York
New York is not listed in the DOL table of paid rest-period requirements (revised January 1, 2023). The DOL table states: "States not listed do not require paid rest periods."
Scheduling minors in New York
Hours notation is the DOL's: daily-weekly-days per week (for example 8-40-6). Where state law is less restrictive than federal law, federal law applies; where it is more restrictive, state law applies (29 U.S.C. 218(a), as quoted by the DOL).
| Age | Maximum hours | Night work prohibited |
|---|---|---|
| Under 16 | 8-40-6 non- school day/week 3-18-6 school day/week | 7 p.m. (9 p.m. June 21 through Labor Day) to 7 a.m. |
| 16 and 17 | 8-48-6 school day/week: 4 before school day, 8 Friday, Saturday, Sunday or holiday-28, if enrolled in school. | 10 p.m. (midnight before school days with written permission from both parent and school and before non-school day with written parental consent) to 6 a.m., while school is in session. Midnight to 6 a.m. while school is not in session. |
DOL table footnotes: (a) State hours limitations on a school day and in a school week usually apply only to those enrolled in school. (b) Students of 14 and 15 enrolled in approved Work Experience and Career Exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week. (c) Combined hours of work and school.
A blank cell is blank on the DOL table. The federal (FLSA) row of the same DOL table, for minors under 16: 3 hours on a school day and 18 in a school week, 8 hours on a non-school day and 40 in a non-school week, and no work from 7 p.m. (9 p.m. June 1 through Labor Day) to 7 a.m.
Tools: overtime calculator · labor cost calculator · all states
This is general information, not legal advice. Check your state labor department for current rules.
Questions
What is the minimum wage in New York?
The US DOL (updated November 5, 2026) lists: $17.00 (New York City, Nassau County, Suffolk County, & Westchester County); $16.00 (remainder of the state) See the full DOL entry on this page for conditions.
Does New York require meal breaks for adults?
Yes, the DOL meal-period table (revised January 1, 2023) lists a requirement for New York; see the table on this page.
Does New York require paid rest breaks?
No. New York is not in the DOL paid rest-period table, which states that states not listed do not require paid rest periods.
Sources
- US DOL, Overtime Pay (checked 2026-11-12)
- State Minimum Wage Laws (US DOL) (checked 2026-11-12)
- Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector 1 (US DOL) (checked 2026-11-12)
- Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (US DOL) (checked 2026-11-12)
- Selected State Child Labor Standards Affecting Minors Under 18 in Non-farm Employment as of July 15, 2025 (US DOL) (checked 2026-11-12)
- US DOL, Breaks and Meal Periods (checked 2026-11-12)