STATE LABOR LAWS

New York labor laws for hourly staff: minimum wage, breaks and minors

Updated 2026-11-12 · By the Assistlify team · AI-assisted, every fact linked to its source below

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

TopicWhat the US DOL table says for New YorkSource date
Minimum wageBasic 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 payPremium 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 belowJanuary 1, 2023
Paid rest break (adults)Not listed; DOL: states not listed do not require paid rest periodsJanuary 1, 2023
Minors under 16: max hours8-40-6 non- school day/week
3-18-6 school day/week
July 15, 2025
Minors 16–17: max hours8-48-6 school day/week: 4 before school day, 8 Friday, Saturday, Sunday or holiday-28, if enrolled in school.July 15, 2025
Night work, under 167 p.m. (9 p.m. June 21 through Labor Day) to 7 a.m.July 15, 2025
Night work, 16–1710 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

RulePrescribed byCoverage
1 hour noon-day periodStatuteFactories
30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.StatuteAll 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.StatuteAll 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.StatueSee 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).

AgeMaximum hoursNight work prohibited
Under 168-40-6 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 178-48-6 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