New York doesn’t have one minimum wage. It has two, and which one you get depends on where you work. For 2026, the line runs between the downstate region (the five boroughs, Nassau, Suffolk and Westchester) and everywhere else [1][2].
At a glance
- NYC, Long Island, Westchester
- $17.00 an hour in 2026 [2]
- Rest of New York State
- $16.00 an hour in 2026 [2]
- Fast food workers
- Same as the regional rate: $17.00 or $16.00 [2]
- Tipped food service (cash wage)
- At least $11.35 downstate, $10.70 upstate [3]
- Overtime
- 1½ times the regular rate after 40 hours a week [2]
- 2027
- No change: stays $17.00 and $16.00 [4]
2026 rates at a glance
| Who | NYC, Long Island & Westchester | Rest of the state |
|---|---|---|
| Most workers | $17.00 | $16.00 |
| Fast food workers (chains with 30+ locations) | $17.00 | $16.00 |
| Tipped food service workers: cash wage | $11.35 | $10.70 |
| Tipped food service workers: max tip credit | $5.65 | $5.30 |
| Tipped service employees (e.g. hotel staff): cash wage | $14.15 | $13.30 |
| Tipped service employees: max tip credit | $2.85 | $2.70 |
The rates rose in steps to get here. Downstate went $16.00 in 2024, $16.50 in 2025 and $17.00 in 2026. Upstate went $15.00, $15.50, then $16.00 [3].
How tipped pay works
In restaurants and hotels, an employer can count part of your tips toward the minimum wage. This is called a tip credit . The rules are strict [3][5]:
- Only hospitality employers (restaurants, hotels and similar) can take a tip credit [4].
- The employer must pay at least the cash wage in the table, and your cash wage plus tips must reach the full $17.00 or $16.00.
- If your tips don’t make up the gap in a week, the employer has to.
- For service employees in restaurants and all-year hotels, there’s a minimum tip threshold. In 2026 it’s $3.65 an hour downstate and $3.40 upstate. If your tips average less than that, no tip credit is allowed that week [3].
Overtime and salaried workers
Most hourly workers earn 1½ times their regular pay for hours over 40 in a week [2].
Being on salary doesn’t automatically mean no overtime. Under the state’s wage orders, an executive or administrative employee must earn at least $1,275.00 a week downstate or $1,199.00 a week upstate in 2026 to be exempt from overtime [3]. Below that, they’re owed overtime even if they’re called a manager.
What happens in 2027
Starting in 2027, the law ties yearly increases to inflation, measured by a regional consumer price index. But the law also has “off-ramps”: if the economy weakens by certain measures, the increase is skipped for that year [1].
For January 1, 2027, the Department of Labor says one of those conditions was met, so the general minimum wage stays the same: $17.00 downstate and $16.00 upstate [4].
If you’re being paid less
- Keep your own record of the hours you work and what you’re paid.
- The state Department of Labor collects unpaid wages for workers. Employers who break the law can owe back pay, interest, damages and fines [2].
- You can file a wage complaint with the Department of Labor, or ask the New York Attorney General’s labor bureau for help.
Sources
- NY Labor Law § 652 (minimum wage rates and indexing)
- NYS Department of Labor: Minimum wage poster P700 (12/25), rates for 2026
- NYS Department of Labor: Hospitality Industry Wage Order summary (Part 146, 02/26)
- NYS Department of Labor: Minimum wage
- NYS Department of Labor: Minimum wage for tipped workers
Common questions
What is the minimum wage in New York in 2026?
$17.00 an hour in New York City, Long Island and Westchester County, and $16.00 an hour in the rest of the state, from January 1 to December 31, 2026.
Will New York's minimum wage go up in 2027?
No. The state Department of Labor says the general minimum wage stays at $17.00 and $16.00 on January 1, 2027, because one of the economic conditions in the law that pauses the yearly inflation increase was met.
Can a restaurant pay me less than minimum wage because I get tips?
Only hospitality employers can take a tip credit, and only up to a set amount. In 2026 a tipped food service worker downstate must get at least $11.35 an hour in cash wages, and tips must bring the total to at least $17.00.