FREE CONSULTATION212.300.0375

BLOG

New York Minimum Wage to Rise Again in 2026

Posted by: Brian Schaffer

For 2026, New York’s general minimum wage is $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state. Some workers, including certain tipped employees and workers covered by industry-specific wage orders, can be subject to different cash-wage or allowance rules. Workers should compare their work location, job type, pay rate, and pay period with the rate that applied when the work was performed.

Does New York’s 2026 minimum wage apply to tipped restaurant workers?

Tipped hospitality workers are covered by New York wage rules, but an employer may be permitted to satisfy part of the minimum wage through a tip credit when the legal requirements are met. In 2026, the permitted cash wage-and-tip credits vary by location and whether the worker is a food-service or general service employee. A tip credit doesn’t allow an employer to pay any amount it chooses, and restrictions can apply when employees perform substantial non-tipped work.

How does a New York minimum wage increase affect overtime pay?

A higher minimum wage can also affect overtime calculations. Nonexempt employees generally must receive overtime based on their regular rate for hours over 40 in a workweek, and that regular rate can’t fall below the applicable minimum wage. Tipped workers have additional rules governing the overtime calculation. Employees reviewing a minimum-wage increase should therefore look at both their straight-time rate and the rate used for overtime hours.

What should a New York worker do if a paycheck still shows the old minimum wage?

A worker should first preserve the pay stub and compare the hours, rate, work location, and pay-period dates with the applicable New York wage rate. It can also help to keep schedules, time records, wage notices, and communications about compensation. A single paycheck may involve timing or payroll-period issues, so the dates matter. If the rate appears incorrect, those records can help a worker raise the issue with the employer, the New York Department of Labor, or counsel.

An inquiry doesn’t establish that a claim exists, guarantee that the firm can accept the matter, or create an attorney-client relationship. This page provides general information, not legal advice. Don’t send confidential or time-sensitive information through an online form. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS


What is the minimum wage in New York in 2026?

For 2026, New York’s general minimum wage is $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state. Some workers, including certain tipped employees and workers covered by industry-specific wage orders, can be subject to different cash-wage or allowance rules. Workers should compare their work location, job type, pay rate, and pay period with the rate that applied when the work was performed.

Does New York’s 2026 minimum wage apply to tipped restaurant workers?

Tipped hospitality workers are covered by New York wage rules, but an employer may be permitted to satisfy part of the minimum wage through a tip credit when the legal requirements are met. In 2026, the permitted cash wage-and-tip credits vary by location and whether the worker is a food-service or general service employee. A tip credit doesn’t allow an employer to pay any amount it chooses, and restrictions can apply when employees perform substantial non-tipped work.

How does a New York minimum wage increase affect overtime pay?

A higher minimum wage can also affect overtime calculations. Nonexempt employees generally must receive overtime based on their regular rate for hours over 40 in a workweek, and that regular rate can’t fall below the applicable minimum wage. Tipped workers have additional rules governing the overtime calculation. Employees reviewing a minimum-wage increase should therefore look at both their straight-time rate and the rate used for overtime hours.

What should a New York worker do if a paycheck still shows the old minimum wage?

A worker should first preserve the pay stub and compare the hours, rate, work location, and pay-period dates with the applicable New York wage rate. It can also help to keep schedules, time records, wage notices, and communications about compensation. A single paycheck may involve timing or payroll-period issues, so the dates matter. If the rate appears incorrect, those records can help a worker raise the issue with the employer, the New York Department of Labor, or counsel.

CONTACT FITAPELLI & SCHAFFER LLP


CONTACT US TODAY AT (212) 300-0375 OR FILL OUT THE FORM BELOW FOR A FREE CONSULTATION

Please enter your Employer. Please enter your Name. Please enter your Phone Number. Please enter your Message.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

I have read the disclaimer.Please click to accept.
  
Thank you! Your email has been delivered.

FREE CONSULTATION

212.300.0375
Please enter your Employer. Please enter your Name. Please enter your Phone Number. Please enter your Message.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

I have read the disclaimer.
Please click to accept.
Thank you! Your email has been delivered.