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What Is the Minimum Wage in New York?

New York’s minimum wage depends on where you work. As of 2025, workers in New York City, Long Island, and Westchester County earn $16.50 per hour. Workers in the rest of New York State earn $15.50 per hour. These rates increase each year based on economic factors.

If your employer pays you less than the minimum wage for your region, they’re breaking the law. You can file a claim to recover unpaid wages plus additional damages.

Why New York’s Regional Minimum Wage Matters

New York is one of the few states with different minimum wages for different regions. This system recognizes that the cost of living in New York City is much higher than in rural upstate areas.

The regional system can create confusion. Many workers don’t know which rate applies to them. Some employers try to pay the lower rate even when workers qualify for the higher one. Understanding which rate you’re entitled to protects your earnings.

New York’s minimum wage rates are higher than the federal minimum wage of $7.25 per hour. When state and federal law differ, employers must pay the higher rate. This means all New York workers earn at least $15.50 per hour, more than double the federal requirement.

Current Minimum Wage Rates in New York (2025)

New York divides the state into regions with different minimum wage rates:

Region Minimum Wage (2025)
New York City $16.50/hour
Long Island (Nassau and Suffolk Counties) $16.50/hour
Westchester County $16.50/hour
Rest of New York State $15.50/hour

These rates apply to most employees. Certain categories of workers have different rates, which we’ll cover below.

Which rate applies to you? Your minimum wage depends on where you physically work, not where your employer is located or where you live.

Example: Maria lives in Albany but commutes to work in New York City three days per week. She works from home in Albany the other two days. For her NYC work days, she must earn at least $16.50/hour. For her Albany work days, she must earn at least $15.50/hour.

Example: David works for a company headquartered in Manhattan, but he works at their Buffalo location. He earns the $15.50/hour minimum wage for rest of state, not the $16.50 NYC rate.

How New York’s Minimum Wage Increases

New York’s minimum wage increases annually. The state reviews economic indicators and adjusts rates to keep pace with inflation and rising costs.

Recent history:

  • 2025: NYC/Long Island/Westchester reached $16.50, rest of state reached $15.50
  • 2024: Rates were $16.00 and $15.00 respectively
  • 2023: Rates were $15.00 and $14.20 respectively
  • The rates have increased every year since 2016

Future increases: New York law requires the Commissioner of Labor to review minimum wage rates each year. If inflation (measured by the Consumer Price Index) increases, the minimum wage increases by the same percentage, up to 3% per year.

This means you can expect the minimum wage to continue rising. Always check the New York Department of Labor website (dol.ny.gov) at the start of each year for updated rates.

Special Minimum Wage Categories

Not all workers earn the standard minimum wage. New York has special rates for certain categories:

Tipped Employees

Workers who regularly receive tips have a lower cash minimum wage. However, tips must bring their total earnings to at least the full minimum wage.

2025 Tipped Minimum Wage:

Region Cash Wage Tip Credit Total Minimum
NYC/Long Island/Westchester $11.00/hour $5.50/hour $16.50/hour
Rest of State $10.35/hour $5.15/hour $15.50/hour

How it works: Your employer can pay you the lower cash wage, but only if your tips bring you to the full minimum wage. If your tips don’t reach that amount, your employer must make up the difference.

Example: Sarah works as a server in Manhattan. Her employer pays her $11.00/hour cash wage. She works 40 hours and earns $200 in tips ($5.00/hour). Her total is $16.00/hour ($11.00 + $5.00), which is below the $16.50 minimum. Her employer must pay her an additional $0.50/hour ($20.00 total for the week) to reach minimum wage.

Tip pooling rules: Employers cannot take your tips. Mandatory tip pools are allowed but can only include workers who regularly receive tips (servers, bartenders, bussers). Managers and supervisors cannot participate in tip pools.

Fast Food Workers

Fast food workers in New York have specific minimum wage protections. As of 2025, all fast food workers earn at least $16.50/hour statewide, regardless of location.

This applies to workers at fast food establishments with 30 or more locations nationally.

Example: A worker at a McDonald’s in Buffalo earns $16.50/hour, even though the general minimum wage for that region is $15.50/hour.

Farm Workers

Farm workers in New York have special overtime rules but follow the standard minimum wage for their region. They must earn at least $15.50 or $16.50/hour depending on location.

Farm workers get overtime at 1.5 times their regular rate after 60 hours per week (different from the standard 40-hour threshold).

Government Employees

Public sector employees must receive at least the minimum wage. Most government workers earn well above minimum wage, but the requirement still applies to all public employees.

Student Workers and Interns

Students and interns generally must receive minimum wage. Unpaid internships are only legal if they meet strict criteria under federal law (primarily educational benefit to the intern, not regular work displacing paid employees).

High school students under 18 can be paid 85% of minimum wage for their first 200 hours of work with an employer. After 200 hours, they must receive full minimum wage.

New York vs. Federal Minimum Wage

The federal minimum wage has been $7.25/hour since 2009. It hasn’t increased in over 15 years.

Comparison:

Jurisdiction Minimum Wage
Federal $7.25/hour
New York (rest of state) $15.50/hour
New York (NYC/Long Island/Westchester) $16.50/hour

When federal and state law conflict, the law that benefits workers more applies. Since New York’s minimum wage is higher, all New York employers must pay the state rate.

Why this matters: Some employers try to claim they only need to pay federal minimum wage. This is false. If you work in New York, you must earn at least the New York minimum wage.

Federal minimum wage protections still matter in some situations. The federal Fair Labor Standards Act (FLSA) provides additional protections beyond just the wage rate, including overtime rules and record-keeping requirements.

Real-World Examples: Minimum Wage in Action

These examples show how New York’s minimum wage works in practice:

Example 1 – Regional differences: Tom works for a retail chain with locations across New York. He transfers from a Syracuse store (rest of state) to a Yonkers store (Westchester County). His minimum wage increases from $15.50 to $16.50/hour due to the location change.

Example 2 – Multi-location workers: Jennifer works for a cleaning company. She cleans buildings in Manhattan (NYC) on Mondays and Tuesdays, and buildings in New Jersey on Wednesdays through Fridays. For her NYC work days, she must earn at least $16.50/hour. For her New Jersey days, she must earn New Jersey’s minimum wage (which is different). Her employer must track her location and pay accordingly.

Example 3 – Tipped wages shortfall: Mike bartends in Buffalo. He earns $10.35/hour cash wage. One slow week, he only makes $150 in tips over 35 hours ($4.29/hour in tips). His total is $14.64/hour, below the $15.50 minimum. His employer owes him an additional $0.86/hour ($30.10 for the week).

Example 4 – Salary confusion: Lisa earns $31,000/year salary working 40 hours per week at a retail store in Queens. Her hourly rate is $14.90/hour ($31,000 ÷ 52 weeks ÷ 40 hours). This is below NYC’s $16.50 minimum wage. Being paid salary doesn’t exempt her employer from minimum wage requirements. Her employer owes her a raise to at least $34,320/year ($16.50 × 40 × 52).

Example 5 – Piece rate work: Carlos works in a garment factory in Manhattan. He’s paid $5 per piece he completes. In one week, he works 42 hours and completes 140 pieces, earning $700 ($16.67/hour). This exceeds minimum wage. However, if he has a slow week and only earns $14/hour based on pieces completed, his employer must pay him additional wages to reach $16.50/hour.

Example 6 – Apprentice error: A construction company hires an apprentice in Rochester and pays him $12/hour, claiming apprentices can be paid less. This is wrong. Unless the apprentice is a high school student in his first 200 hours, he must earn at least $15.50/hour.

Example 7 – Franchise confusion: Amy works at a Subway franchise in Manhattan. The franchise owner claims his single location means he doesn’t have to pay the fast food minimum wage. This is incorrect. The 30-location threshold is counted nationally for the chain, not per franchise owner. Amy must earn $16.50/hour.

Example 8 – Remote work: Brian works remotely from his home in Syracuse for a tech company based in Brooklyn. Since he physically works in Syracuse, he earns the $15.50/hour minimum for rest of state, not the $16.50 NYC rate.

Example 9 – Training wage myth: A restaurant in White Plains tells new hires they’ll earn $13/hour for their first month during “training.” This violates minimum wage law. Training time is work time and must be paid at least $16.50/hour (Westchester rate).

Example 10 – Delivery drivers: Sofia delivers food in Manhattan. Her employer pays her $10/hour plus tips. Delivery drivers are tipped employees, but many customers don’t tip or tip through apps that delay payment. Her employer must track her tips and ensure she earns at least $16.50/hour total each pay period.

Example 11 – Meal and lodging credit: A hotel in Albany provides free meals and housing to an employee and wants to count this toward minimum wage. New York allows limited credits for meals and lodging, but only with strict requirements and documentation. The employer must apply for approval and cannot reduce wages below minimum without proper authorization.

Example 12 – Split shift confusion: Marcus works a morning shift and evening shift at a store in Queens, totaling 8 hours per day. He must earn at least $16.50/hour for all hours worked. Additionally, if his shifts span more than 10 hours, he’s entitled to spread-of-hours pay (an extra hour at minimum wage).

Example 13 – Commission-only error: A car dealership in Long Island pays salespeople “commission only” with no base wage. In weeks with no sales, workers receive nothing. This violates minimum wage law. Even commission workers must earn at least minimum wage for all hours worked.

Example 14 – Misclassified manager: Rebecca has the title “assistant manager” at a store in Manhattan and earns $33,000 salary ($15.87/hour). Her duties are mostly the same as hourly sales associates. Her employer claims her manager title means she doesn’t get minimum wage protections. This is false. Job titles don’t override minimum wage requirements.

Example 15 – Seasonal worker rights: A summer camp in the Adirondacks hires counselors for $400/week. Counselors work 50+ hours per week, bringing their hourly rate below $15.50. Seasonal employment doesn’t exempt employers from minimum wage. The camp must pay at least $15.50/hour for all hours worked.

What to Do If You’re Paid Below Minimum Wage

If your employer pays you less than the legal minimum wage:

1. Calculate what you’re owed: Track your hours and your location for each work day. Multiply hours by the correct minimum wage rate. Subtract what you were actually paid. This is your back pay amount.

2. Document everything: Keep copies of:

  • Pay stubs
  • Time records or your own time log
  • Work schedules
  • Any written communications about your pay
  • Records of your work locations

3. Understand your damages: You can recover:

  • Back wages: The difference between what you were paid and minimum wage
  • Liquidated damages: An additional 100% of back wages (double damages)
  • Interest: Calculated from when wages were due
  • Attorney’s fees: If you hire a lawyer and win

Example: If your employer underpaid you by $5,000 over two years, you could recover $10,000 or more (back wages plus liquidated damages, plus interest).

4. File a claim with the New York Department of Labor (NYDOL):

  • Visit dol.ny.gov to file online
  • Complete form LS 223
  • NYDOL investigates for free
  • No lawyer required (though you can hire one)

5. Consider consulting an employment lawyer:

  • Many offer free consultations
  • They can evaluate whether you have additional claims
  • They work on contingency (only paid if you win)
  • You can recover attorney’s fees from your employer

6. Know the time limits: You have 6 years under New York law to file a wage claim. Don’t wait. The sooner you file, the better your documentation and the faster your recovery.

7. Understand retaliation protections: Your employer cannot fire you, demote you, or reduce your hours because you complained about minimum wage violations or filed a claim. If they do, you have a separate retaliation claim.

Common Minimum Wage Violations

New York employers frequently violate minimum wage law in these ways:

Paying the wrong regional rate: Employers with locations in multiple regions sometimes pay all workers the lower $15/hour rate, even workers in NYC/Long Island/Westchester who should earn $16/hour.

Misunderstanding tip credits: Employers take the tip credit without properly tracking tips or making up shortfalls when tips don’t reach minimum wage.

Improper deductions: Taking deductions that reduce wages below minimum wage (for uniforms, cash register shortages, etc.). Most deductions cannot bring your pay below minimum wage.

Unpaid training time: Claiming training hours don’t count as work time. All required training must be paid at least minimum wage.

Piece rate/commission violations: Paying only based on productivity without ensuring the worker earns at least minimum wage for all hours worked.

Salary misuse: Paying a salary that works out to less than minimum wage when divided by hours worked.

Unpaid prep time: Requiring workers to arrive early to set up or stay late to close without paying for this time.

Automatic meal break deductions: Deducting 30 minutes for a meal break when the worker actually worked through lunch.

Frequently Asked Questions

Can my employer pay me less during a trial period?
No. New York doesn’t allow reduced wages for trial or probationary periods (except for high school students in their first 200 hours). You must earn at least minimum wage from day one.

Does minimum wage apply to small businesses?
Yes. Business size doesn’t matter. All New York employers must pay minimum wage, whether they have 1 employee or 10,000.

What if I’m paid cash under the table?
You’re still entitled to minimum wage. Cash payments don’t exempt your employer from wage laws. In fact, paying under the table is often a sign of other violations.

Can I waive my right to minimum wage?
No. You cannot agree to work for less than minimum wage. Such agreements are not enforceable. You can still file a claim for the difference.

What if I work remotely for an out-of-state company?
If you physically work from New York, New York minimum wage applies. Your employer’s location doesn’t matter.

How does minimum wage work with bonuses?
Bonuses generally don’t count toward minimum wage. Your base pay must equal at least minimum wage. Discretionary bonuses are extra.

Can my employer round down my hours to pay less?
Rounding systems are allowed if they’re neutral (rounding up and down equally over time). Systems that consistently round down and reduce your wages below what you actually earned are violations.

What about on-call time?
Time when you must stay on the employer’s premises or can’t use the time for your own purposes is work time and must be paid. On-call time where you’re free to do as you wish is generally not paid unless you’re called in to work.

Related Topics

For more information about New York wage laws, see:

Legal Disclaimer

This article provides general information about New York minimum wage laws. It is not legal advice for your situation. Laws change, and every case is different. For advice about your specific circumstances, consult an employment attorney or contact the New York Department of Labor. The information here is current as of November 2025 but may not reflect future changes.

Last updated: November 4, 2025