New York Employment Laws for Employers
Reviewed Sep 27, 2026 12 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?Next regular paydayVerified Sep 27, 2026 · 2 official pages from the same agency
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”
Put it in writing with the termination letter template for New York.
If an employee quits, when is the last paycheck due?Next regular paydayVerified Sep 27, 2026 · 2 official pages from the same agency
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)
Same official text as quoted above (see the quote; New York State Department of Labor, Wages and Hours Frequently Asked Questions · dol.ny.gov).
“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.”
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Yes, unless a written policy says otherwiseVerified Sep 24, 2026 · 2 official pages from the same agency
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."”
Wages, paydays and breaks
Minimum wage
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)) 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))
What is the minimum wage?$16.00 to $17.00 per hour ($17.00 in New York City, Nassau, Suffolk and Westchester)Verified Sep 27, 2026 · 2 official sources
New York City, Long Island and 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 27, 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))
Same official text as quoted above (see the quote; New York minimum wage (U.S. DOL WHD, State Minimum Wage Laws, updated July 1, 2026) · dol.gov).
“Remainder of New York State $16.00”
dol.gov · dol.ny.gov · verified Sep 27, 2026 · 2 official sources
Paydays
How often do you have to pay?Depends on the caseVerified Sep 27, 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 27, 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))
Same official text as quoted above (see the quote; New York payday (U.S. DOL WHD, State Payday Requirements, footnote 17) · dol.gov).
Same official text as quoted above (see the quote; NYS Department of Labor, Frequency of Pay (Labor Law 191) · dol.ny.gov).
dol.gov · dol.ny.gov · verified Sep 27, 2026 · 2 official sources
Meal breaks
Do adult employees get a meal break?30 minutesVerified Sep 27, 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 27, 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 27, 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 27, 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 27, 2026 · 2 official sources
Rest breaks
Do adult employees get paid rest breaks?No state ruleVerified Sep 27, 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.”
Paid sick leave
Do you have to give paid sick leave?Yes, statewideVerified Sep 24, 2026 · 2 official pages from the same agency
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 pages from the same agency
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.”
Same official text as quoted above (see the quote; NYS Department of Labor, Paid Sick Leave · dol.ny.gov).
ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official pages from the same agency
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 pages from the same agency
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 pages from the same agency
Effective date: Employees began accruing New York sick leave on September 30, 2020. (New York State, Paid Sick Leave (ny.gov))
Same official text as quoted above (see the quote; New York State, Paid Sick Leave (ny.gov) · ny.gov).
Same official text as quoted above (see the quote; NYS Department of Labor, Paid Sick Leave · dol.ny.gov).
ny.gov · dol.ny.gov · verified Sep 24, 2026 · 2 official pages from the same agency
Ending employment
At-will employment
Yes. New York follows at-will employment, with these exceptions (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)):
- Public policy: Not recognized (Metellus v. JetBlue, No. 2:07-cv-04719 (E.D.N.Y. Mar. 30, 2010), citing Horn v. N.Y. Times, 100 N.Y.2d 85, 96 (2003))
- Implied contract: Recognized, limited (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))
- Good faith and fair dealing: Not recognized (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))
Public policy exception: recognized?Not recognizedVerified Sep 24, 2026 · 2 official pages from the same agency
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), citing Horn v. N.Y. Times, 100 N.Y.2d 85, 96 (2003); U.S. District Court, E.D.N.Y., No. 2:09-cv-03135, quoting Barcellos v. Robbins, 858 N.Y.S.2d 658, 660 (2d Dep't 2008))
“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.”
Implied contract exception: recognized?Recognized, limitedVerified Sep 24, 2026 · 2 official pages from the same agency
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); Metellus v. JetBlue, No. 2:07-cv-04719 (E.D.N.Y. Mar. 30, 2010), quoting De Petris v. Union Settlement Ass'n, 86 N.Y.2d 406, 410 (1995))
“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.”
Good faith and fair dealing exception: recognized?Not recognizedVerified Sep 24, 2026 · 2 official sources
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); U.S. District Court, N.D. Ala., No. 2:12-cv-00205 (Apr. 19, 2012), applying New York law and quoting Sabetay v. Sterling Drug, 506 N.E.2d 919, 922 (N.Y. 1987))
“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.”
Separation notice
Do you have to give a separation notice when someone leaves?Yes: IA 12.3 (Record of Employment)Verified Sep 24, 2026 · 2 official pages from the same agency
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”
Pending verification. Not verified for New York yet, so no answer is shown. Each link opens the official source to check.
New York and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| New York | Next regular payday | Next regular payday | $16.00 to $17.00 per hour (depends on the case) | Yes, statewide |
| New Jersey | Next regular payday | Next regular payday | $15.23 to $15.92 per hour (depends on the case) | Yes, statewide |
| Pennsylvania | Next regular payday | Next regular payday | $7.25 per hour | No statewide law |
| Connecticut | Next business day | Next regular payday | $16.94 per hour | Yes, statewide |
| Massachusetts | Day of discharge | Next regular payday | $15.00 per hour | Yes, statewide |
| Vermont | 72 hours | Next regular payday | $14.42 per hour | Yes, statewide |
Verified rules only; open a state for its sources.
What an employee costs in New York
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). New York adds its unemployment insurance tax:
| New York payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $17,600 |
| Rates for experience-rated employers | 2.025% to 9.825% |
| New-employer rate | 4.025% |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,810 (9.5%) |
Of the $3,810, $708 is New York unemployment insurance tax (4.025% on the first $17,600 of wages) and $3,102 is federal tax.
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 4; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in New York
In FY2021 to FY2025, the federal Wage and Hour Division concluded 2,787 cases in New York (n = 2,787), 2,223 with violations, finding $47,772,151 in back wages owed to 38,639 employees and assessing $3,066,996 in civil money penalties (DOL enforcement data). Overtime back wages were part of 49.3% of the violation cases. OSHA opened 15,869 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
New York has no OSHA-approved State Plan for private workplaces, so federal OSHA enforces workplace safety for private employers in New York (OSHA: State Plans).
By industry in New York
| Industry | WHD cases | Back wages | Violation cases with minimum-wage back wages | Most-cited safety standard |
|---|---|---|---|---|
| Restaurants and food service | 614 | $9,148,852 | 16.1% | Hazard communication: chemical labels, safety data sheets and training (29 CFR 1910.1200) |
| Retail | 291 | $2,869,561 | 21.3% | Hazard communication: chemical labels, safety data sheets and training (29 CFR 1910.1200) |
| Construction | 334 | $7,373,144 | 10.8% | Fall protection: when it is required (29 CFR 1926.501) |
| Health care (incl. home care) | 302 | $9,610,703 | 15.6% | Respirators and fit testing (29 CFR 1910.134) |
| Home health and home care (subset of health care) | 71 | $3,822,556 | 28.6% | Respirators and fit testing (29 CFR 1910.134) |
| Child care | 33 | $102,702 | n/a | Fall protection: when it is required (29 CFR 1926.501) |
Federal fiscal years 2021 to 2025; WHD enforcement data. Industries overlap (home health is part of health care). New York detail and method.
Changes coming in 2027
- Minimum wage, from Jan 1, 2027: No increase: stays $17.00/hour in New York City, Long Island and Westchester and $16.00/hour in the rest of the state. Confirmed by the agency (dol.ny.gov).
- Minimum wage (Home care aides only), from Jan 1, 2027: $20.00/hour (New York City, Long Island and Westchester); $19.00/hour (rest of the state). Confirmed by the agency (dol.ny.gov).
Changelog
- Sep 24, 2026: first verified, 21 rules.
Questions about New York employment laws
What is the minimum wage in New York?
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)) 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))
Is New York an at-will state?
Yes. New York follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 3, and 1 is recognized in New York (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)).
When is the final paycheck due after firing someone in New York?
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)
Sources (20)
- New York minimum wage (U.S. DOL WHD, State Minimum Wage Laws, updated July 1, 2026)
- NYS Department of Labor, Minimum Wage (as of 01/01/2026)
- New York payday (U.S. DOL WHD, State Payday Requirements, footnote 17)
- NYS Department of Labor, Frequency of Pay (Labor Law 191)
- New York statute (U.S. DOL WHD, Meal Period Requirements table)
- NY Labor Law section 162 (NYSDOL Guidelines for Meal Periods, LS 443)
- U.S. DOL WHD, Minimum Paid Rest Period Requirements Under State Law, footnote 1
- NYS Department of Labor, Wages and Hours FAQ
- New York State Department of Labor, Frequency of Pay Frequently Asked Questions (Labor Law Section 191)
- NY Industrial Board of Appeals, PR 09-197 (quoting Matter of Marc E. Hochlerin, PR 08-055)
- New York State, Paid Sick Leave (ny.gov)
- NYS Department of Labor, Paid Sick Leave
- 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)
- U.S. District Court, N.D. Ala., No. 2:12-cv-00205 (Apr. 19, 2012), applying New York law and quoting Sabetay v. Sterling Drug, 506 N.E.2d 919, 922 (N.Y. 1987)
- 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)
- Metellus v. JetBlue, No. 2:07-cv-04719 (E.D.N.Y. Mar. 30, 2010), quoting De Petris v. Union Settlement Ass'n, 86 N.Y.2d 406, 410 (1995)
- U.S. District Court, E.D.N.Y., No. 2:09-cv-03135, quoting Barcellos v. Robbins, 858 N.Y.S.2d 658, 660 (2d Dep't 2008)
- NYS DOL Form IA 12.3, Record of Employment
- NYS DOL forms page, Record of Employment
- U.S. Department of Labor: State labor offices
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error