New York employment rules for employers

• Nyc long island westchester: New York minimum wage is $17.00 per hour in New York City, Nassau, Suffolk and Westchester counties. (New York minimum wage (U.S. DOL WHD, State Minimum Wage Laws, updated July 1, 2026))

  “Basic Minimum Rate (per hour): $17.00 (New York City, Nassau County, Suffolk County, & Westchester County); $16.00 (remainder of the state)”

  “New York City $17.00 $14.15 Cash Wage $2.85 Tip Credit $11.35 Cash Wage $5.65 Tip Credit Long Island & Westchester $17.00”

  dol.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Rest of state: New York minimum wage is $16.00 per hour in the remainder of the state. (New York minimum wage (U.S. DOL WHD, State Minimum Wage Laws, updated July 1, 2026))

  “Basic Minimum Rate (per hour): $17.00 (New York City, Nassau County, Suffolk County, & Westchester County); $16.00 (remainder of the state)”

  “Remainder of New York State $16.00”

  dol.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Clerical and other workers: Clerical and other workers must be paid at least twice per month (semi-monthly). (New York payday (U.S. DOL WHD, State Payday Requirements, footnote 17))

  “New York. Weekly payday for manual workers. Semi-monthly payday upon approval for manual workers and for clerical and other workers.”

  “New York State Labor Law requires manual workers to be paid weekly, and clerical and other workers at least twice per month.”

  dol.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Manual workers: Manual workers must be paid weekly (semi-monthly only with approval). (New York payday (U.S. DOL WHD, State Payday Requirements, footnote 17))

  “New York. Weekly payday for manual workers. Semi-monthly payday upon approval for manual workers and for clerical and other workers.”

  “New York State Labor Law requires manual workers to be paid weekly, and clerical and other workers at least twice per month.”

  dol.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Additional evening meal: Employees on a shift starting before 11 a.m. and continuing later than 7 p.m. must be allowed an additional meal period of at least 20 minutes between 5 p.m. and 7 p.m. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

  “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.”

  “Every person employed for a period or shift starting before eleven o’clock in the morning and continuing later than seven o’clock in the evening shall be allowed an additional meal period of at least twenty minutes between five and seven o’clock in the evening.”

  dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

• Factories: Factories: 1 hour (sixty minutes) noon-day meal period. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

  “New York 1 hour noon-day period Statute Factories”

  “Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal.”

  dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

• Night shift: For those employed more than a 6-hour period starting between 1 p.m. and 6 a.m.: 1 hour in factories, 45 minutes in other establishments, midway in the shift. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

  “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.”

  “Every person employed for a period or shift of more than six hours starting between the hours of one o’clock in the afternoon and six o’clock in the morning, shall be allowed at least sixty minutes for a meal period when employed in or in connection with a factory, and forty-five minutes for a meal period when employed in or in connection with a mercantile or other establishment or occupation coming under the provision of this chapter, at a time midway between the beginning and end of such employment.”

  dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

• General rule: Outside factories, employees who work a shift of more than 6 hours extending over the noonday meal period get at least 30 minutes off for the meal. (New York statute (U.S. DOL WHD, Meal Period Requirements table))

  “30 minute noonday period for employees who work shifts of more than 6 hours that extend over the noon day meal period.”

  “An employee who works a shift of more than six hours, which extends over the noonday meal period, is entitled to at least thirty minutes off within that period for the meal period.”

  dol.gov · forms.labor.ny.gov · verified Sep 24, 2026 · 2 official sources

No state rest break requirement; if an employer permits a break of up to 20 minutes it should be paid as work time. (U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law, footnote 1)

“States not listed do not require paid rest periods.”

“Employers do not have to provide other "breaks", such as for "rest periods" or "coffee breaks." But, if an employer permits a break (of up to 20 minutes), then they should pay it as work time.”

dol.gov · dol.ny.gov

When employment ends by termination, the final wages are due no later than the regular payday on which they would have been paid; on request the employer must mail them. (New York State Department of Labor, Wages and Hours Frequently Asked Questions)

“When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee”

“Employees whose employment has ended are entitled to be paid no later than the pay day on which their next pay would have been due had they still been employed. Upon request of the employee, employers are required to mail the employee his or her wages.”

dol.ny.gov · dol.ny.gov

When an employee resigns, the final wages are due no later than the regular payday on which they would have been paid; on request the employer must mail them. (New York State Department of Labor, Wages and Hours Frequently Asked Questions)

“When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee”

“Employees whose employment has ended are entitled to be paid no later than the pay day on which their next pay would have been due had they still been employed. Upon request of the employee, employers are required to mail the employee his or her wages.”

dol.ny.gov · dol.ny.gov

New York does not require paid vacation. If an employer has a vacation policy, an employee who resigns or is discharged must be paid for earned, accrued vacation unless the employer told employees in writing of a forfeiture policy; forfeiture conditions must be written and explicit. (NY Dept. of Labor, Wages and Hours FAQ (Labor Law 195.5, 198-c))

“Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.”

“"An employee must be paid for accrued vacation upon termination unless the employer has, through a written policy or agreement, specified that employees forfeit accrued vacation pay upon termination."”

dol.ny.gov · industrialappeals.ny.gov

• Accrual: New York State paid sick leave: leave accrues at a rate of not less than one hour for every 30 hours worked (employers may instead front-load the annual amount). (New York State, Paid Sick Leave (ny.gov))

  “Employees begin accruing leave on September 30, 2020. Leave must be accrued at a rate not less than one hour for every thirty hours worked.”

  “Employees begin accruing leave on September 30, 2020. Leave must be accrued at rate not less than one hour for every thirty hours worked.”

  ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Annual cap large employer: Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year. (New York State, Paid Sick Leave (ny.gov))

  “Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.”

  “Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year.”

  ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Annual cap midsize employer: Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year. (New York State, Paid Sick Leave (ny.gov))

  “Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year.”

  “Employers with 5-99 employees must provide up to 40 hours of paid sick leave per calendar year.”

  ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Annual cap small employer: Employers with 4 or fewer employees must provide up to 40 hours of sick leave per calendar year: paid if net income in the previous tax year was greater than $1 million, otherwise unpaid. (New York State, Paid Sick Leave (ny.gov))

  “Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of unpaid sick leave per calendar year.”

  “If net income is $1 million or less, employer must provide up to 40 hours of unpaid sick leave. If net income is greater than $1 million, employer must provide up to 40 hours of paid sick leave.”

  ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

• Effective date: Employees began accruing New York sick leave on September 30, 2020. (New York State, Paid Sick Leave (ny.gov))

  “Employees begin accruing leave on September 30, 2020.”

  “Employees begin accruing leave on September 30, 2020.”

  ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official sources

New York does not recognize a common-law claim for wrongful or retaliatory discharge of an at-will employee in violation of public policy; the Court of Appeals has left any such claim to the legislature. (Metellus v. JetBlue, No. 2:07-cv-04719 (E.D.N.Y. Mar. 30, 2010), quoting Horn v. N.Y. Times, 100 N.Y.2d 85, 96 (2003))

“New York courts have repeatedly refused to recognize a cause of action for abusive or retaliatory discharge.”

“New York courts have consistently rejected causes of action for wrongful discharge asserted under New York common law.”

govinfo.gov · govinfo.gov

At-will status can be overcome only by an express written limitation on the employer's right to terminate (Weiner v. McGraw-Hill); vague oral assurances or the mere existence of a written policy are not enough. (U.S. District Court, N.D.N.Y., No. 5:02-cv-01112 (Mar. 31, 2006), citing Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458, 461 (1982))

“It is only where a plaintiff can establish the existence of an express written agreement limiting the employer’s right of termination, that the principles governing employment at will are inapplicable.”

“Because, however, the New York Court of Appeals has determined that “the mere existence of a written policy . . . does not limit an employer’s right to discharge an at will employee or give rise to a legally enforceable claim by the employee against the employer,” Metellus’ breach of contract claim cannot succeed.”

govinfo.gov · govinfo.gov

New York does not imply a covenant of good faith and fair dealing that limits an employer's right to terminate an at-will employee (Murphy v. American Home Products; Sabetay v. Sterling Drug). (Nornberg v. Thai Magic Co., 2006 NY Slip Op 50104(U) (Sup. Ct. N.Y. County), quoting Wakefield v. Northern Telecom, 769 F.2d 109 (2d Cir. 1985), on Murphy v. American Home Products, 58 N.Y.2d 293, 304-05 (1983))

“the New York Court of Appeals has squarely held that the implied covenant of good faith does not give rise to a contract action for the wrongful discharge of an at-will employee under New York law”

“We rejected plaintiff’s invitation to find an implied covenant of good faith in the employment contract.”

nycourts.gov · govinfo.gov

New York employers must complete the Record of Employment (Form IA 12.3) and give it to each worker who is laid off (permanently, indefinitely or temporarily), discharged, quits, or has hours reduced to 30 or less a week. (NYS DOL Form IA 12.3, Record of Employment)

“Employer: Complete and give this form to each worker who is permanently, indefinitely, or temporarily laid off; discharged; quits; or has their hours reduced to 30 or less each week.”

“Give this completed form to separated employees to facilitate their application for UI benefits. IA12.3”

forms.labor.ny.gov · dol.ny.gov