(650) 332-8623New York Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
New York labor laws explained for 2026. Wages, overtime, breaks, child labor, and compliance essentials for NY employers and contractors.
What’s new in 2026?
New York State meals and breaks
30 minutesMeal breaks
Under NYS break laws, New York employers must provide at least 30 minutes off for shifts over 6 hours. New York State labor law breaks 8-hour day shifts into two tiers by work site type. Rules vary by role:
- Factory workers: 60-minute break between 11 a.m. and 2 p.m. Shifts starting between 1 p.m. and 6 a.m. require a 60-minute midway break.
- Non-factory workers: 30-minute break for shifts over 6 hours during the noonday period. Shifts starting between 1 p.m. and 6 a.m. require a 45-minute midway break.
- Additional break: 20-minute break for workdays stretching from before 11 a.m. to after 7 p.m.
24 hoursDay of rest
New York employers must provide at least 24 consecutive hours of rest each calendar week. Rules vary by worker type:
- All employees: At least 24 consecutive hours of rest per calendar week.
- Domestic workers: 24 consecutive hours of rest per week. Voluntary waiver earns overtime pay. After one year, 3 additional paid rest days per year are owed.
- Farm laborers: 24 consecutive hours of rest per week. Voluntary work on the rest day is paid at overtime. Rest may shift due to weather or crop conditions.
30 minutesPaid lactation breaks
New York employers must provide 30 minutes of paid break time to express breast milk. Employees may extend the break using regular break or meal time. This law took effect in June 2024.
New York State leave and paid time off (PTO)
Employers with 5 or more employees must provide up to 40 hours of paid sick leave per year. Employers with 100 or more employees must provide up to 56 hours.
Accrual is 1 hour for every 30 hours worked. A laborer on a full-time site schedule accrues roughly 5 sick days in their first year.
The federal FMLA provides up to 12 weeks of unpaid, job-protected leave. It covers serious health conditions, family care, and bonding with a new child. It applies to employers with 50 or more employees within 75 miles of the worksite.
Most small specialty subs don’t hit that threshold. NY PFL fills the gap for those crews.
New York paid family leave 2026 provides up to 12 weeks of job-protected leave. Benefits are paid at 67% of the employee’s average weekly wage, up to $1,228.53/week in 2026. It covers bonding with a new child, caring for a seriously ill family member, and military family events.
Construction workers under a collective bargaining agreement qualify for PFL. They must have worked 26 of the last 39 weeks across any covered signatory employers.
For 2026, employees contribute 0.432% of gross wages per pay period, up to $411.91 annually. The 2026 maximum weekly benefit is $1,228.53 (67% of the 2026 NYSAWW of $1,833.63). Source: paidfamilyleave.ny.gov/2026.
Expired July 31, 2025. Employers are no longer required to provide COVID-specific sick leave. Standard New York Sick Leave (NYLL § 196-b) remains in full effect.
As of January 1, 2025, all New York employers must provide up to 20 hours of paid prenatal care leave. The period is 52 weeks. Leave is paid at the employee’s regular rate. No accrual period applies. Employees may use the leave immediately.
Effective February 22, 2026, NYC’s ESSTA expanded to include an additional 32 hours of unpaid leave. New qualifying reasons and a statutory 20-hour paid parental leave entitlement were also added. The NYC Temporary Schedule Change Act was absorbed into ESSTA on the same date.
New York’s Paid Sick and Safe Leave law provides 40-56 hours of paid safe leave, depending on employer size. Employees may use it for domestic violence, family offenses, stalking, or human trafficking-related needs.
Employers with 10 or more employees must provide up to 3 days of paid jury duty leave. Employers with fewer than 10 employees are not required to pay.
Key update (effective June 8, 2025): The daily rate was raised from $40 to $72 under the FY2025-26 budget. This was the first increase in 27 years.
Employees are entitled to up to 2 hours of paid leave to vote. This applies when they lack 4 consecutive hours outside their work schedule to vote.
New York requires equal treatment on bereavement leave. Any employer offering bereavement leave NYS-wide for a spouse or relative must extend the same leave to same-sex committed partners. Their relatives must be treated the same way.
Employees are entitled to employment protection during military service. Up to four years of unpaid leave for enlistment is protected. Returning workers must be reinstated within 90 days after discharge.
Trades with high veteran membership — electrical, plumbing, ironwork — are most likely to encounter this obligation.
New York State wages and overtime
$16.00/hourMinimum wage
As of January 1, 2026, the NY minimum wage 2026 is $16.00/hour for most of the state. NYC, Long Island, and Westchester workers are entitled to $17.00/hour. Starting in 2027, the NYS minimum wage 2026 schedule gives way to annual CPI-indexed adjustments.
- NYC, Nassau, Suffolk, Westchester: $17.00/hour minimum wage | Home Care Aide: $19.65/hour
- Rest of New York State: $16.00/hour minimum wage | Home Care Aide: $18.65/hour
Construction crews working across regions face a real payroll risk. A worker upstate but assigned to an NYC job is entitled to $17.00/hour for those hours. Paying the upstate rate by mistake creates a wage violation.
1.5x hourlyOvertime rate
New York overtime laws require 1.5 times the regular rate for hours over 40 per week. There are no daily overtime thresholds in New York. Mandatory overtime restrictions apply to nurses, except in emergencies.
$10.70 /hourMinimum tipped wage
Effective January 1, 2026. Always verify current rates at dol.ny.gov/minimum-wage before processing payroll.
Service Employees
- NYC, Long Island, Westchester: $14.15/hour cash wage + $2.85 tip credit
- Rest of State: $13.30/hour cash wage + $2.70 tip credit
Food Service Workers
- NYC, Long Island, Westchester: $11.35/hour cash wage + $5.65 tip credit
- Rest of State: $10.70/hour cash wage + $5.30 tip credit
Weekly or biweeklyPay frequency
Manual workers in New York must be paid weekly. Clerical and other non-manual workers may be paid biweekly or semi-monthly.
Key update (effective May 2025): The FY2025-26 budget changed the liquidated damages rule. Employers who paid manual workers biweekly but paid all wages in full face interest-only damages for a first violation. Previously, the penalty was 100% liquidated damages. This matters for GCs and subs who have been running two-week payroll cycles without realizing the weekly requirement.
Home care aide wages in New York are set separately under Public Health Law § 3614-f, not the standard minimum wage schedule.
- NYC, Nassau, Suffolk, Westchester: $19.65/hour
- Rest of New York State: $18.65/hour
These rates apply to home care aides employed through licensed home care services agencies and fiscal intermediaries under the Consumer Directed Personal Assistance Program (CDPAP).
The 2026 New York salary exemption threshold is $1,275/week (NYC/LI/Westchester) and $1,199.10/week (rest of state) for executive and administrative roles. To qualify as exempt, an employee must meet both a salary threshold and a duties test.
Exempt roles include: executive, administrative, and professional employees; outside salespeople; and government employees.
Also exempt: farm laborers; volunteers, interns, and apprentices; taxicab drivers; religious order members; camp counselors; and part-time babysitters.
Salary thresholds effective January 1, 2026:
- NYC, Nassau, Suffolk, Westchester: $1,275.00/week ($66,300/year) for executive and administrative exemptions.
- Rest of New York State: $1,199.10/week ($62,353.20/year) for executive and administrative exemptions.
- Professional Employees: Only the federal FLSA threshold applies: $684/week. New York imposes no state salary floor for the professional exemption. The federal threshold remains at $684/week after the November 2024 court injunction blocked the DOL’s proposed increase.
Construction note: A foreman earning $1,220/week is now below the NYC/LI threshold. Overtime protections apply. Missing that distinction creates back-pay exposure.
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NY prevailing wages under New York labor laws
$31.06General demolition laborer (New York City)
$31.06/hour base wage + $21.98/hour supplemental benefits*
$80.35Elevator/escalator constructor (New York City)
$80.35/hour base wage + $46.37/hour supplemental benefits*
*Prevailing wage rates change regularly. Verify current rates at dol.ny.gov/prevailing-wage-schedules before bidding or paying workers on public projects.
New York prevailing wage resources
- Prevailing Wage – NYSDOL Bureau of Public Work (dol.ny.gov/bureau-public-work-and-prevailing-wage-enforcement)
- NYS DOL – Prevailing Wage Schedules (dol.ny.gov/prevailing-wage-schedules)
New York child labor laws
New York labor laws impose strict limits on minor workers. The FY2025-26 budget significantly raised penalties and introduced a new certification system effective 2027.
Under 14 years
Laws in New York for children under 14
Children under 14 are prohibited from most work. Exceptions include newspaper carriers (age 11+), child performers and models, casual yard work, and babysitting. Selling produce at farm stands is allowed with parental consent. None of these exceptions permits hazardous machinery or dangerous conditions.
14-15 Years
Laws in New York for children between 14 and 15
Children aged 14 or 15 may work with an employment certificate. Permitted roles include golf caddying and office work. Hour restrictions during school sessions:
- No more than 3 hours on a school day
- No more than 8 hours on a non-school day
- No more than 18 hours per week during school
- No work between 7 p.m. and 7 a.m. (9 p.m. during summer)
Factory work, operating machinery, and hazardous occupations are prohibited.
16-17 Years
Laws in New York for children between 16 and 17
Workers aged 16-17 face fewer restrictions but must still comply:
- Up to 48 hours per week when school is not in session
- Work between 10 p.m. and midnight on school nights with parental permission
- No work between midnight and 6 a.m. when school is in session
Prohibited work: demolition, roofing, excavation, power-driven woodworking machinery, and hazardous materials.
Upcoming: Minor Employment Certification Overhaul (May 9, 2027)
Enacted in the FY2025–26 budget. Effective May 9, 2027:
- Employers of minors must register with a new NYSDOL electronic database
- The labor commissioner, not school officials, will issue and revoke work permits
- Employers must destroy minor employment certificates upon a minor’s termination
Other essential New York labor laws
Health and safety standards in New York
New York construction employers must maintain an accident prevention program, provide annual hazardous substance training, and keep OSHA 300 injury logs. Day-to-day safety oversight falls to DOSH for private employers and PESH for public sector workers. Workers’ compensation claims are handled by the Workers’ Compensation Board.
In New York, employers must:
- Implement a Safety and Health Accident Prevention Program to identify and control workplace hazards.
- Ensure employees receive Right to Know (RTK) training annually on hazardous substances.
- Provide and maintain fit-tested respirators where needed against airborne contaminants.
- Keep accurate records of workplace injuries and illnesses. Private employers maintain OSHA 300 logs; public employers use SH 900 logs.
- Display injury and illness records from February 1 to April 30 each year.
- Include an opioid antagonist (naloxone/Narcan) in first aid kits where required by federal OSHA rules. Most construction worksites are covered. Effective June 10, 2026.
In New York, employees should:
- Participate in all required safety training programs
- Report unsafe working conditions to the employer or appropriate authority
- Follow safety guidelines and use provided PPE
Report health and safety violations in New York to:
- NYSDOL Division of Safety and Health (dol.ny.gov/division-safety-and-health)
Hiring and/or firing employees in New York
New York is an at-will state. Employers or employees may end the relationship at any time for any legal reason. Exceptions cover terminations that violate anti-discrimination laws, breach contracts, or retaliate against whistleblowers.
No. There is no right to work New York law. Union workers may be required to join or pay dues as a condition of employment. In construction, this matters most on union commercial and public works jobs.
Employers must comply with the FCRA before accessing records. They must notify candidates and obtain written consent. Arrests without convictions older than 7 years cannot be considered, except for roles above $75,000. Drug testing for marijuana is prohibited in most workplaces.
Effective April 18, 2026, New York prohibits most employers from using an applicant’s consumer credit history in employment decisions. Exceptions apply for financial roles and positions requiring government security clearance.
New York’s Human Rights Law prohibits discrimination based on race, gender, age, religion, disability, and other protected characteristics. Employers must provide reasonable accommodations for disabilities and pregnancy-related conditions.
Anti-discrimination laws in New York
Employers in New York may not discriminate against job applicants or employees based on:
- Race, color, or creed
- National origin
- Sex or gender identity
- Sexual orientation
- Disability or pregnancy
- Age (18 or older)
- Military status
- Arrest or conviction record
- Marital status or familial status
- Genetic characteristics
In construction, the most common triggers for discrimination claims are disability accommodation requests, pregnancy, and military status, all protected under the NYSHRL. Key 2025-2026 updates:
- Anti-Retaliation for Accommodation Requests (December 5, 2025): New York now expressly prohibits retaliation against employees who request a reasonable accommodation. Prior law covered retaliation for filing complaints, not for requesting an accommodation.
- Disparate Impact Codified (December 19, 2025): The NYSHRL was amended to codify disparate impact discrimination. An unlawful practice may now be established by showing discriminatory effect, even without discriminatory intent.
Employee resignation or termination in New York
New York follows at-will employment. Employers may terminate for any legal reason. Employees may resign without notice unless bound by a contract.
Final paychecks must be issued no later than the next regular payday after termination or resignation. Commissioned employees must receive final pay within five business days of termination.
Unemployment benefits in New York
Workers are eligible for unemployment benefits if they:
- Lost their job through no fault of their own
- Meet minimum earnings requirements during the base period
- Are actively seeking work and available to work
File claims at dol.ny.gov/unemployment-insurance. Benefits are generally paid within 3–6 weeks after filing.
COBRA benefits in New York
Separated employees may extend employer-provided health coverage through COBRA. It applies to employers with 20 or more employees. Employees can continue coverage for up to 18-36 months following qualifying events. They pay up to 102% of the premium.
Final paychecks in New York
Manual workers: next regular payday after termination or resignation. Commissioned employees: within five business days of termination, or per the employment contract. Unused vacation is not required unless company policy provides for it.
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NY recordkeeping requirements
Compliance with New York state labor laws requires employers to retain employment records for specific periods. On prevailing wage projects, certified payroll must be kept on-site during work. Records must be retained for six years. Contractors who fail audits face debarment from future public work.
1 year
Employers must retain these documents for at least one year:
- Employee deduction authorizations (1 year after employment ends)
2 years
Employers must retain these documents for at least two years:
- Employment certificates for minors while employed
3 years
Employers must retain these documents for at least three years:
- Wage records (hours, wages, deductions); commission sales agreements; sick leave records
4 years
Employers must retain these documents for at least four years:
- Detailed payroll records (name, address, SSN, hours, gross wages, deductions); workplace injury records requiring more than first aid
6 years
Employers must retain these documents for at least six years:
- Detailed wage and hour records (hours per pay period, itemized deductions, net wages paid); signed employee acknowledgments of pay practices
Penalties for labor law noncompliance in New York
New York labor laws are enforced by the NYSDOL, PESH, and the Workers’ Compensation Board. The NYC Commission on Human Rights and the EEOC handle discrimination claims. Penalties increased significantly in the 2025-26 legislative cycle.
Up to $10,000/year + $1,000/violationFailure to provide overtime pay
FLSA civil penalties apply separately.
Up to $250/day per employee; max $5,000/employeeWage Theft (WTPA)
Failure to provide wage statements or written notice
Up to $10,000 per workerChild Labor – First Violation
Raised by FY2025-26 budget (May 2025)
$2,000-$25,000 per workerChild Labor – Second Violation
Raised by FY2025-26 budget (May 2025)
Up to $55,000 per workerChild Labor – Repeat Violations
Raised by FY2025-26 budget (May 2025)
$3,000–$30,000Child Labor – Injury/Death (First)
Per incident involving a minor
Up to $175,000Child Labor – Injury/Death (Repeat)
Per incident involving a minor
Interest onlyPay Frequency Violation (First, Wages Paid in Full)
Changed by FY2025-26 budget. Previously 100% liquidated damages.
Up to $300,000Intentional EEO Discrimination
Depending on employer size
Note: For child labor violations, the federal FLSA cap of $16,035 per violation applies separately. State and federal penalties can stack.
Labor law violations in New York are investigated by:
- NYSDOL: Enforces wage, hours, child labor, and PFL requirements. Investigates wage theft and overtime violations.
- PESH: Enforces safety standards for public sector workers.
- Workers’ Compensation Board: Oversees construction workers compensation New York employers are required to carry. Investigates employers without required coverage.
- NYC Commission on Human Rights: Handles discrimination and EEO complaints for NYC employers.
- EEOC: Federal enforcement for employers with 15 or more employees.
How Workyard helps NY contractors stay compliant
Nearly 1 in 3 construction businesses identify labor compliance as a primary operational risk. That figure comes from Workyard’s analysis of 280 contractor discovery calls. Overtime rules, union pay codes, and state wage laws all drove the concern, especially for construction HR and payroll officers managing weekly crew payroll across multiple NY job sites. Workyard integrates with QuickBooks and ADP, so payroll data flows directly from time cards to your system of record.
NY labor laws layer on top of federal FLSA requirements. Stricter thresholds, regional wage splits, and weekly pay rules catch most contractors off guard. Getting it wrong costs real money. This applies whether you run electrical crews, HVAC teams, or property management operations in New York.
Workyard’s job management tracks crew hours by job and location. If a worker shifts from an upstate site to a NYC job mid-week, Workyard flags the wage rate difference. Overtime is calculated to the minute. Pay frequency compliance is built in, not bolted on.
Related New York and U.S. labor law guides
Looking for other state labor law guides? Here are related pages for comparison:
New York state labor laws protect workers through minimum wage, overtime, breaks, paid leave, and anti-discrimination rules. The NYS labor laws set a minimum wage of $16.00/hour for most of the state. NYC, Long Island, and Westchester workers are entitled to $17.00/hour as of January 1, 2026. Overtime applies at 40 hours per week at 1.5x the regular rate.
New York State labor law breaks 8-hour day requirements into two tiers. Non-factory workers: 30 minutes. Factory workers: 60 minutes. The NYS break laws for factory workers require 60 minutes between 11 a.m. and 2 p.m. New York break law also requires an extra 20-minute break for shifts spanning before 11 a.m. to after 7 p.m.
Key 2025-26 changes: child labor penalties raised, anti-retaliation added, stay-or-pay clauses prohibited, and COVID-19 PSL expired. On bereavement leave, NYS employers must extend equal treatment to same-sex partners. On union membership: is NY a right to work state? No, New York has not adopted right to work protections.
Two significant NYC employment laws are in effect for 2026. First, Int. 982-A was enacted in December 2025. It requires NYC employers with 200 or more employees to submit anonymous pay-data reports. Large construction GCs and subs with significant NYC headcounts are covered. Note: formal guidance and reporting forms from DCWP are still pending. Monitor DCWP for the implementation date.
Second, NYC’s ESSTA expanded on February 22, 2026. It added 32 hours of unpaid leave and a 20-hour paid parental leave entitlement. adding 32 hours of unpaid leave and a 20-hour paid parental leave entitlement. This is separate from the Pay Transparency Law, which requires salary ranges in job postings for employers with four or more employees.
The NYS 4-hour minimum pay rule is the Call-In Pay provision under the New York Wage Order. A scheduled employee sent home under 4 hours must be paid for 4 hours. The rate is the minimum wage. The NYS 4-hour minimum pay rule means a rained-out crew is still owed 4 hours if they showed up.
The rule applies whenever an employee is dismissed early due to scheduling changes or low demand.
Salaried employees may be exempt from overtime if they meet both a salary threshold and a duties test. Effective January 1, 2026, the threshold for executive and administrative exemptions is $1,275.00/week in NYC, Nassau, Suffolk, and Westchester. That equals $66,300/year. Elsewhere in the state, the threshold is $1,199.10/week ($62,353.20/year).
For the professional exemption, only the federal FLSA threshold applies: $684/week. Non-exempt salaried employees are entitled to overtime for hours beyond 40 per week.
Exempt employees are those not entitled to overtime due to their job duties and salary. For executive and administrative exemptions, the 2026 salary thresholds are $1,275/week (NYC/LI/Westchester) and $1,199.10/week elsewhere. Professional employees only need to clear the federal $684/week threshold.
Duties-only exemptions with no salary threshold include outside salespeople, government employees, farm laborers, and taxicab drivers. Always apply both the salary test and the duties test before classifying any employee as exempt.
In New York, an employee is anyone who works for an employer in exchange for wages or salary. This covers full-time, part-time, and temporary workers. Independent contractors who control their own work are generally not employees.
New York applies a strict economic realities test to worker classification. Misclassifying workers as contractors can trigger back wages, payroll taxes, and NYSDOL penalties.
Yes, for clerical and non-manual workers. But NYS labor laws require manual workers, including most construction laborers, to be paid weekly. Paying manual workers biweekly is a pay frequency violation, even when all wages are paid in full.
Under the FY2025-26 budget change, first-time violators who paid wages in full face interest-only damages. Repeat violations still carry full liquidated damages. NY labor laws on pay frequency have not changed. Only the penalty structure for first-time full-pay violators has.
As of January 1, 2026, the minimum wage for construction workers is $16.00/hour outside NYC, Long Island, and Westchester. Workers in NYC, Nassau County, Suffolk County, or Westchester County are entitled to $17.00/hour. The applicable rate is based on where the work is performed, not where the employer is based.
Workers on public projects are also subject to NYSDOL prevailing wage rates. Prevailing wage rates are set by trade and county and are generally higher than the minimum wage.
No. Prevailing wage laws (Article 8 and Article 9 of the New York Labor Law) apply to public works projects. Private construction is not covered unless a contract or local law imposes it. Some NYC projects receiving tax abatements may trigger prevailing wage obligations under separate local rules.
Contractors bidding on public projects must verify trade-specific prevailing wage rates with the NYSDOL. Do this before submitting bids, not after winning them.
The FY2025-26 budget (signed May 2025) raised NY state child labor penalties substantially. A first violation: up to $10,000 per under-18 worker. A second violation: $2,000 to $25,000. Repeat violations: up to $55,000 per worker.
Violations causing serious injury or death to a minor carry $3,000 to $30,000 for a first offense. Repeat offenses reach up to $175,000. The federal FLSA cap of $16,035 applies separately — state and federal penalties can stack.
Starting May 9, 2027, employers of minors must register with a new NYSDOL electronic database. Work permits will be issued by the labor commissioner, not school officials.
