What employers in New York must do
Checked November 8, 2026From the agencies that run each program
Short answer
Employers in New York must pay at least $16.00 an hour, and as much as $17.00 depending on the region.
New York runs a paid leave program, New York Paid Family Leave, funded by a premium of 0.432% of wages in 2026.
New York employers covered by New York Secure Choice that don’t offer a qualified retirement plan must register by their deadline.
The next employer deadline in New York is November 18, 2026: Registration deadline for newly eligible employers required to facilitate the program.
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New York requirements at a glance
| Requirement | Status | What it means for you |
|---|---|---|
| Minimum wage | In effect | $16.00 to $17.00 an hour, by region |
| Paid leave: New York Paid Family Leave | In effect | Most private employers with one or more employees. Under Workers’ Compensation Law § 202, an employer with one or more employees on at least 30 days in a calendar year becomes covered four weeks after the 30th day of employment. A household employer is covered four weeks after hiring a personal or domestic employee who works at least 20 hours a week on at least 30 days in a calendar year. Public employers, self-employed people and out-of-state employers follow separate rules. |
| Retirement mandate: New York Secure Choice | In effect | Employers, for-profit or nonprofit, that employed at least 10 employees in New York State at all times during the previous calendar year, have been in business at least two years, and have not offered a qualified retirement plan, such as a 401(k), 403(b), Simplified Employee Pension (SEP) plan or Savings Incentive Match Plan for Employees (SIMPLE) plan, in the preceding two years. The program counts employees from the wage data employers report to the state, including Form NYS-45. Workers placed through a professional employer organization (PEO) count as the client employer’s, and a plan the PEO offers counts as the client’s plan. Eligible employees are 18 or older and earn wages working in New York State. The program notifies covered employers when it’s time to register. |
Pay rules New York employers must follow
- Paydays
- Manual workers: weekly, within 7 days after the week ends (some large employers have approval to pay every two weeks). Clerical and other workers: at least twice a month.
- Final paycheck, fired
- By the next regular payday (by mail if the employee asks).
- Final paycheck, quit
- By the next regular payday (by mail if the employee asks).
- Meal breaks
- Factory workers: 60-minute lunch between 11 a.m. and 2 p.m. Other workers: 30 minutes in that window for shifts over 6 hours that span it. Everyone gets 20 more minutes between 5 and 7 p.m. on days running from before 11 a.m. to after 7 p.m. Night shifts have their own rules.
- Rest breaks
- No state requirement for adults. Short breaks that are given count as paid work time.
- Overtime
- State overtime rule: time and a half after 40 hours in a workweek (after 44 hours for live-in residential workers). Some workers exempt from federal overtime still get state overtime, at 1.5 times the state minimum wage.
- New hire reporting
- Within 20 days of the first day of paid work, to the New York State Department of Taxation and Finance. Since January 1, 2022, independent contractors with contracts over $2,500 must be reported too.
From the New York State Department of Labor and the U.S. Department of Labor’s state tables, checked November 8, 2026.
What changed in New York
· Rate announced
New York Paid Family Leave rises to 0.452% of wages for 2027
The New York Department of Financial Services (DFS) set the 2027 Paid Family Leave premium at 0.452% of an employee’s wages, up from 0.432% in 2026, with a maximum of $451.81 per employee for the year. Employers deduct it from employees’ pay unless they choose to cover it.
Upcoming New York deadlines
· Retirement mandate
New York Secure Choice: Registration deadline for newly eligible employers required to facilitate the program
10+ employees
· Paid leave
New York Paid Family Leave: 2027 Paid Family Leave deduction takes effect: 0.452% of gross wages, up to $451.81 a year
The maximum weekly benefit rises to $1,287.91.
Deadline calendar for every state · How to hire your first employee · Employer law changes for 2027 · All states
Sources
- New York State Department of Labor
- New York State Workers’ Compensation Board (runs Paid Family Leave) and Department of Financial Services (DFS, sets the premium)
- New York Secure Choice Savings Program Board (chaired by the Commissioner of Taxation and Finance)
- State Payday Requirements (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector (last revised January 1, 2023), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- State Minimum Wage Laws, including premium (overtime) pay after designated hours (updated November 5, 2026), U.S. Department of Labor, Wage and Hour Division (read Nov 7, 2026)
- Frequency of Pay, New York State Department of Labor (read Nov 8, 2026)
- Frequency of Pay: Frequently Asked Questions (2021), New York State Department of Labor (read Nov 8, 2026)
- Meal and Rest Periods: Frequently Asked Questions (2026), New York State Department of Labor (read Nov 7, 2026)
- New hire reporting (updated November 25, 2024), New York State Department of Taxation and Finance (read Nov 8, 2026)
- Overtime: Frequently Asked Questions, New York State Department of Labor (read Nov 8, 2026)