What do New York labor laws change in the schedule and the pay?
New York counts overtime by the week: 1.5 times the regular rate after 40 hours, or 44 for residential employees under the Miscellaneous Industries order78. Some rules add overtime after 8 hours a day, among them public building service contracts9 and, from January 1, 2027, or later under some existing agreements, New York City's guard schedule5106.
A shift of more than 6 hours that spans 11 a.m. to 2 p.m. gets at least 30 minutes off for a meal11.
On January 1, 2027, the state minimum wage stays $17.00 in New York City, Long Island and Westchester and $16.00 elsewhere11213. That day, New York City's covered security guards get their own minimum wage, later under some existing agreements106.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the New York State Department of Labor, New York City's Department of Consumer and Worker Protection or the City Comptroller for work in the city, or a qualified advisor.
Which dates change the rules?
- State minimum wage: $17.00 and $16.00
$17.00 an hour in New York City and in Nassau, Suffolk and Westchester, $16.00 in the rest of the state41415.
- New York City's security guard law takes effect
Local Law 61 of 2026 took effect16. Its requirements start in phases: minimum wage, then paid time off, then supplemental benefits17.
- New York City posts the guard wage schedule
On September 1, 2026, the City's Department of Consumer and Worker Protection posted the minimum wage schedule for covered security guards18.
- No state increase; the city's guard wage starts
The state minimum wage stays $17.00 and $16.00112. Home care aides go to $20.00 and $19.0019. In New York City, the minimum wage and the overtime rule for covered security guards start105. For guards under a union agreement, or an agreement on pay or benefits entered into on or before October 30, 2025, with a termination date on a date certain, Local Law 61 applies when that agreement terminates620.
- Second step of the city's guard schedule
$34.65 for armed guards, $23.15 for unarmed guards who meet all the listed requirements, and $19.68 for unarmed guards with 0 to 36 months or new hires212223.
- Updated city guard schedule due
The City publishes the rates for July 1, 2027 through December 31, 2027 by July 1, 2027; until it does, the June 30, 2027 rates stay in effect24.
- City guards: paid time off
Covered security guards in New York City receive paid time off benefits under § 20-160325.
- City guards: supplemental benefits
Covered security guards in New York City receive supplemental benefits under § 20-160426.
Past or upcoming as of November 12, 2026.
What changes in the week in New York?
When you build the schedule
Employers operating a factory, mercantile establishment, hotel or restaurant allow each employee at least 24 consecutive hours of rest in any calendar week, except as § 161 provides2728.
Owners, lessees and operators of dwellings, apartment, loft and office buildings, garages and storage places where watchmen are employed allow them the same 24 consecutive hours each calendar week2.
Before operating on Sunday, an employer designates each employee's day of rest and tells the employee in advance. No employee may work on that designated day29.
Under the Miscellaneous Industries order, a day whose spread of hours exceeds 10, or that has a split shift, adds one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage30. The spread runs from the beginning to the end of the workday, and a meal period of one hour or less does not split a shift31.
In New York City, from January 1, 2027, covered security guards earn time and a half after an 8 hour day and after 40 straight time hours in a work week510. 12 hours of work in a day then carry 4 hours at time and a half. Under a union agreement, or an agreement on pay or benefits entered into on or before October 30, 2025, with a termination date on a date certain, Local Law 61 applies from that date620.
When people clock in and take breaks
§ 162 sets meal periods by the clock. A shift of more than 6 hours that extends over the noon day meal period, 11 a.m. to 2 p.m., gets at least 30 minutes off within it, and factories allow 60 minutes for the noon day meal11.
A shift that starts before 11 a.m. and runs past 7 p.m. adds a meal period of at least 20 minutes between 5 and 7 p.m. A shift of more than 6 hours that starts between 1 p.m. and 6 a.m. gets 45 minutes midway, or 60 minutes in a factory11. The commissioner may permit shorter meal periods by a written permit posted at the main entrance32.
The Department of Labor says employers do not have to provide other breaks, such as rest or coffee breaks, and that a break the employer permits, of up to 20 minutes, should be paid as work time33.
One more break is required: 30 minutes of paid break time for an employee to express breast milk, each time there is reasonable need, for up to three years following child birth34.
When a shift is cut short
Under the Miscellaneous Industries order, an employee who reports for work on any day at the employer's request or with its permission is paid for at least 4 hours, or the hours of the regularly scheduled shift if fewer, at the basic minimum hourly wage35.
When someone calls in sick
Employees accrue sick leave at no less than 1 hour per 30 hours worked36. How much depends on the employer's size37:
4 or fewer employees: up to 40 hours of unpaid sick leave a year, paid if net income in the previous tax year was greater than one million dollars37.5 to 99 employees: up to 40 hours of paid sick leave a year37.100 or more employees: up to 56 hours of paid sick leave a year37.
An employer with fewer than 100 employees may limit use to 40 hours a calendar year, and one with 100 or more to 56 hours38.
Separately, every employer provides 20 hours of paid prenatal personal leave in any 52 week calendar period39. In New York City, the City's Protected Time Off law adds 32 hours of unpaid protected time off40.
In payroll
The minimum wage is $17.00 an hour in New York City and in Nassau, Suffolk and Westchester, and $16.00 in the rest of the state41415. NYSDOL says those rates stay the same on January 1, 2027112.
From 2027 the statute adjusts the rates each year by a three-year average of the Northeast CPI-W41. There is no increase for the following year when one of three economic conditions is met, for no more than two consecutive years42. NYSDOL says one of those conditions was met for 202713.
Home care aides are the exception: their minimum wage rises on January 1, 2027 to $20.00 in New York City, Long Island and Westchester and $19.00 in the rest of the state19.
Watch for
- Residential employees. The Miscellaneous Industries order pays overtime after 44 hours a week for residential employees, and after 40 for non-residential employees7. The Building Service Industry order's 40-hour rule excludes janitors in residential buildings8.
- Who § 161 leaves out. Among others: a foreman in charge, employees in an approved continuous process where no one works more than 8 hours a day, and resort or seasonal hotels and restaurants in rural communities and in cities and villages of fewer than fifteen thousand inhabitants28.
- Shorter meal periods. Only by the commissioner's written permit, which can be revoked at any time32.
What changes for security, health care and warehouses?
Security guards
A guard post in New York can sit under more than one wage floor. At JFK and LaGuardia, covered airport workers are paid at least the higher of the rate the Commissioner of Labor designates or the Port Authority minimum wage, set at $21.25 through December 31, 202643. The Port Authority's airport minimum wage rises to $21.99 on January 1, 202744. Employers with ten or fewer employees are exempt45.
On a public contract over $1,500 whose principal purpose is building services, guards are building service employees46. They are paid the prevailing wage, with time and a half after 8 hours in a day or 40 in a workweek479.
In New York City, Local Law 61 sets a minimum wage for covered security guards from January 1, 2027: at least the rates in the City's schedule310. For guards under a union agreement, or an agreement on pay or benefits entered into on or before October 30, 2025, with a termination date on a date certain, Local Law 61 applies when that agreement terminates620.
Security guards complete an 8 hour pre-assignment course, an on-the-job course of 16 to 40 hours within 90 working days following employment, and an 8 hour annual in-service course, with a 47 hour firearms course and 8 more hours a year for armed guards48. Some current and retired peace and police officers are exempt from some or all of these courses4950.
New York minimum wage for security guards: the state rate and the higher floors
Health care
No health care employer may require a nurse to work more than the nurse's regularly scheduled work hours, except as § 167 provides, for example in a health care disaster or under a declaration of emergency in the county or a contiguous county51. A nurse may still volunteer for overtime51. Here a nurse is a registered professional nurse or licensed practical nurse who provides direct patient care51.
Home care aides have their own minimum wage, which rises on January 1, 2027 to $20.00 an hour in New York City, Long Island and Westchester and $19.00 elsewhere19.
Warehouses
The Warehouse Worker Protection Act covers employers with 100 or more employees at a single warehouse distribution center, or 1,000 or more at centers in the state, counting workers placed by staffing agencies52. Each employee gets a written description of each quota on hire, and an update within 2 business days of any change53. No quota may prevent meal or rest periods or use of bathroom facilities, including reasonable travel time54.
What does New York City add to the state's rules?
This page covers three sets of New York City rules that change the schedule and the pay. Fast food schedules go out 14 days ahead, and retail schedules 72 hours ahead at retail businesses with 20 or more employees555657. Employees get 32 hours of unpaid protected time off on top of paid sick time40. And covered security guards get their own minimum wage from January 1, 2027, later under some existing agreements36.
New York City labor laws: what changes the schedule and the pay
What does an employer have to be able to show?
New York's rules are shown with payroll and time records. For each person and each period, that means:
- Payroll records for each week worked, kept for not less than six years: hours worked, rates of pay, gross wages, deductions, allowances claimed as part of the minimum wage, sick leave provided and net wages58.
- Under the Miscellaneous Industries order, weekly payroll records kept six years with the hours worked daily and weekly, including the time of arrival and departure of each employee working a split shift or a spread of hours exceeding 1059.
- For employers § 161 covers, a time book with each employee's name, address and hours worked each day29.
- In New York City, security guard employers keep records of compliance with Local Law 61 for 6 years, in their original format60.
In New York City, when a guard employer does not keep or produce a required record the Department requests in an investigation, a material fact alleged in a notice of violation, to which the record is relevant, is presumed true unless the employer rebuts it61.
What does the law leave open?
Which wage order covers a guard post. The Miscellaneous Industries order applies to all employees except those covered by another minimum wage order62. The Building Service Industry order covers “any person, corporation or establishment engaged in whole or in part in renting, servicing, cleaning, maintaining, selling, or managing buildings or building space”63. New York's call-in pay and spread-of-hours rules, 12 NYCRR §§ 142-2.3 and 142-2.4, are in the Miscellaneous Industries order3530. Which order covers your guards is a question for your counsel or the Department of Labor.
Watchmen placed by a security contractor. § 161(1) puts the watchman rule on the owner, lessee and operator of the building where watchmen are employed2. It does not say how that applies to guards a security contractor places in a client's building. Confirm it with your counsel.
Spread of hours above the minimum. The order pays the extra hour “in addition to the minimum wage required in this Part”30. It does not say how that applies when an employee's pay for the day is already above the minimum. Confirm it with your counsel.
The next change in the state rate. The Governor has proposed a change to the law that could allow the rates to rise with inflation from March 1, 2027, if the Legislature approves it6465. Under the statute, the commissioner publishes the adjusted rates no later than the first of October of each year, to take effect the following first day of January66, and an increase can be withheld for no more than two consecutive years42. Check the Governor's and the Department of Labor's minimum wage pages before you set 2027 pay.
What does the law say exactly?
§ 142-2.2 Overtime rate. An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. […] The applicable overtime rate shall be paid for each workweek: For working time over Non-residential employees 40 hours Residential employees 44 hours
Labor Law § 652(1-a)(a) New York City's minimum wage
(a) New York city. Notwithstanding subdivision one of this section, every employer regardless of size shall pay to each of its employees for each hour worked in the city of New York a wage of not less than: $16.00 on and after January 1, 2024, $16.50 on and after January 1, 2025, $17.00 on and after January 1, 2026, or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C. section 206 or its successors or such other wage as may be established in accordance with the provisions of this article.
Labor Law § 652(1-b)(d) when there is no increase
(d) Exceptions. Effective January first, two thousand twenty-seven and thereafter, notwithstanding paragraphs (a), (b) and (c) of this subdivision, there shall be no increase in the minimum wage in the state for the following year if any of the following conditions are met, provided, however, that such exception shall be limited to no more than two consecutive years: (i) the rate of change in the average of the most recent period of the first of August to the thirty-first of July over the preceding period of the first of August to the thirty-first of July published by the United States department of labor non-seasonally adjusted consumer price index for the northeast region urban wage earners and clerical workers (CPI-W), or any successor index as calculated by the United States department of labor, is negative; (ii) the three-month moving average of the seasonally adjusted New York state unemployment rate as determined by the U-3 measure of labor underutilization for the most recent period ending the thirty-first of July as calculated by the United States department of labor rises by one-half percentage point or more relative to its low during the previous twelve months; or (iii) seasonally adjusted, total non-farm employment for New York state in July, calculated by the United States department of labor, decreased from the seasonally adjusted, total non-farm employment for New York state in April, and seasonally adjusted, total non-farm employment for New York state in July, calculated by the United States department of labor, decreased from the seasonally adjusted, total non-farm employment for New York state in January.
Department of Labor, minimum wage page no increase on January 1, 2027
Under New York Law, minimum wage rates can increase each year based on inflation. However, the law also includes certain conditions—known as “off-ramps”—that can prevent an automatic increase. For 2027, the conditions for one of the off-ramps has been met. As a result, the minimum wage will not receive an inflation-based increase on January 1, 2027.
Labor Law § 161(1) watchmen's day of rest
Every owner, lessee and operator of a dwelling, apartment, loft and office building, garage, storage place and building, wherein or whereat a watchman or watchmen or engineer or fireman are employed, shall allow such person or persons so employed at least twenty-four consecutive hours of rest in each and every calendar week.
Labor Law § 161(1) factories, stores, hotels and restaurants
§ 161. One day rest in seven. 1. Every employer operating a factory, mercantile establishment, hotel, restaurant, or freight or passenger elevator in any building or place shall, except as herein otherwise provided, allow every person employed in such establishment or in the care, custody or operation of any such elevator, at least twenty-four consecutive hours of rest in any calendar week. Every employer operating a place in which motion pictures
Labor Law § 162(1) to (4) meal periods
§ 162. Time allowed for meals. 1. Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noon day meal. 2. Every person employed in or in connection with a mercantile or other establishment or occupation coming under the provisions of this chapter shall be allowed at least thirty minutes for the noon day meal, except as in this chapter otherwise provided. The noon day meal period is recognized as extending from eleven o'clock in the morning to two o'clock in the afternoon. An employee who works a shift of more than six hours which extends over the noon day meal period is entitled to at least thirty minutes off within that period for the meal period. 3. 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. 4. 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 provisions of this chapter, at a time midway between the beginning and end of such employment.
12 NYCRR § 142-2.3 call-in pay
§ 142-2.3 Call-in pay. An employee who by request or permission of the employer reports for work on any day shall be paid for at least four hours, or the number of hours in the regularly scheduled shift, whichever is less, at the basic minimum hourly wage.
12 NYCRR § 142-2.4 spread of hours and split shifts
§ 142-2.4 Additional rate for split shift and spread of hours. An employee shall receive one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage required in this Part for any day in which: (a) the spread of hours exceeds 10 hours; or (b) there is a split shift; or (c) both situations occur.
Labor Law § 196-b(1) sick leave by employer size
§ 196-b. Sick leave requirements. 1. Every employer shall be required to provide its employees with sick leave as follows: a. For employers with four or fewer employees in any calendar year, each employee shall be provided with up to forty hours of unpaid sick leave in each calendar year; provided, however, an employer that employs four or fewer employees in any calendar year and that has a net income of greater than one million dollars in the previous tax year shall provide each employee with up to forty hours of paid sick leave pursuant to this section; b. For employers with between five and ninety-nine employees in any calendar year, each employee shall be provided with up to forty hours of paid sick leave in each calendar year; and c. For employers with one hundred or more employees in any calendar year, each employee shall be provided with up to fifty-six hours of paid sick leave each calendar year.
Labor Law § 196-b(4-a) paid prenatal leave
4-a. In addition to the sick leave provided for in this section, on and after January first, two thousand twenty-five, every employer shall be required to provide to its employees twenty hours of paid prenatal personal leave during any fifty-two week calendar period.
Labor Law § 195(4) payroll records
4. establish, maintain and preserve for not less than six years contemporaneous, true, and accurate payroll records showing for each week worked the hours worked; the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; amount of sick leave provided to each employee; the benefit portion of the minimum rate of home care aide total compensation as defined in section thirty-six hundred fourteen-c of the public health law ("home care aide benefits"), if applicable; prevailing wage supplements, if any, claimed as part of any prevailing wage or similar requirement pursuant to article eight of this chapter; and net wages for each employee.
Labor Law § 232 overtime on public building service contracts
§ 232. Overtime. An employee, employed by a contractor, who works more than eight hours in any one day or more than forty hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half times his prevailing basic cash hourly rate.
Labor Law § 167 nurses' scheduled hours
b. "Nurse" shall mean a registered professional nurse or a licensed practical nurse as defined by article one hundred thirty-nine of the education law who provides direct patient care. […] 2. a. Notwithstanding any other provision of law no health care employer shall require a nurse to work more than that nurse's regularly scheduled work hours, except pursuant to subdivision three of this section. b. Nothing in this section shall prohibit a nurse from voluntarily working overtime. 3. The limitations provided for in this section shall not apply in the case of: a. a health care disaster, such as a natural or other type of disaster that increases the need for health care personnel, unexpectedly affecting the county in which the nurse is employed or in a contiguous county; or b. a federal, state or county declaration of emergency in effect in the county in which the nurse is employed or in a contiguous county;
Labor Law § 782 warehouse quotas and breaks
§ 782. Protection from quotas. An employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities.
How does a system hold these rules?
New York's rules land on the schedule, the timecard and payroll at the same time. This is how they come together in WorkAxle:
- Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- List the employees § 161 names, at factories, stores, hotels and restaurants, and the watchmen in buildings you own or operate, and check the 24 consecutive hours of rest in each calendar week272.
- Look at the meal breaks on shifts that cross 11 a.m. to 2 p.m., run past 7 p.m., or start between 1 p.m. and 6 a.m.11
- Pull timecards and mark the days with a spread of hours over 10 or a split shift30.
- For New York City guard posts, list each guard's months of service with you or at the facility, whichever is greater, before January 1, 20276710.
- Check that your sick leave limit matches your headcount: 40 hours below 100 employees, 56 hours at 100 or more38.
Sending it to finance, operations or your counsel? The printed brief carries the rules, the dates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the New York State Department of Labor, New York City's Department of Consumer and Worker Protection or the City Comptroller for work in the city, or a qualified advisor.
Frequently asked questions
Does New York pay overtime after 8 hours?
The overtime rule in New York's minimum wage orders is weekly: 1.5 times the regular rate after 40 hours in a workweek, or 44 for residential employees under the Miscellaneous Industries order78. Some rules add overtime after 8 hours in a day, among them building service work on public contracts9 and, from January 1, 2027, covered security guards in New York City, later under some existing union or individual agreements5106.
What is the New York minimum wage on January 1, 2027?
$17.00 an hour in New York City, Long Island and Westchester and $16.00 in the rest of the state, the same as in 202611215. The Department of Labor says one of the statute's off-ramp conditions was met, so there is no inflation-based increase on January 1, 202713. Home care aides rise to $20.00 and $19.0019. The Governor has proposed a change that could let the rates rise with inflation from March 1, 2027, if the Legislature approves it64.
Are breaks required in New York?
Meal periods are. A shift of more than 6 hours that extends over 11 a.m. to 2 p.m. gets at least 30 minutes off within that period, with more in factories and on late or long shifts11. The Department of Labor says employers do not have to provide other breaks, such as rest or coffee breaks, and that a permitted break of up to 20 minutes should be paid as work time33. Employers also provide 30 minutes of paid break time to express breast milk, each time there is reasonable need, for up to three years following child birth34.
Does New York require a day of rest?
For many workers, yes. Labor Law § 161 requires at least 24 consecutive hours of rest in any calendar week for employees of factories, mercantile establishments, hotels and restaurants, and for watchmen in dwellings, apartment, loft and office buildings, garages and storage places, with exceptions listed in the section27228.
What is call-in pay in New York?
Under the Miscellaneous Industries order, an employee who reports for work at the employer's request or with its permission is paid for at least 4 hours at the basic minimum hourly wage. If the regularly scheduled shift is shorter, the pay is for the hours of that shift35.
What is spread of hours pay in New York?
Under the Miscellaneous Industries order, a day whose spread of hours exceeds 10, or that has a split shift, adds one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage30. The spread runs from the beginning to the end of the workday and includes meal time and intervals off duty31.
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