New York Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in New York need to know.

New York’s employment laws reflect a commitment to worker protection, wage transparency, and equitable treatment across all industries. With layered regulations on wages, paid leave, workplace conduct, and pre-employment practices, the state sets a high standard for employer accountability and compliance.

When it comes to talent and workforce management, New York-based employers need to comply with the following state employment laws:

Pay transparency and equity
Final paychecks
Paid leave and work breaks
Workplace health and safety
Anti-discrimination and harassment

The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

New York Labor Laws

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.

Is New York a Right-to-Work State?

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

New York currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), New York can pass a right-to-work law in the future if it chooses.

New York Employment Laws

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.

New York Wage Laws

New York Minimum Wage	Outside of New York City, Nassau County, Suffolk County, and Westchester County, the state of New York uses its own minimum wage rate of $15.50, including tipped minimum wage rates for tipped service employees with their base pay ($12.90) or tipped food services ($10.35) industries. Note: New York also has local minimum wage rates for service and food service workers.
New York Overtime Pay Laws	Overtime pay in New York is calculated at one-and-a-half times the employee’s regular pay rate.
New York Pay Equity Law	Under the state’s Equal Pay Provision, all employers in New York must refrain from unequal pay of a protected class member for all substantially similar work. Employers are also prohibited from restricting their employees’ ability to inquire about or discuss wages with their co-workers. This applies to any person, corporation, limited liability company, or association employing any individual in any occupation, industry, trade, business, or service.
New York Pay Transparency Law	In September 2023, New York passed the New York State Pay Transparency Law and became one of 14 states (plus Washington D.C.) to have pay transparency laws. Employers with four or more employees must include a salary or salary range in job postings for positions, promotions, or transfers that will be performed, at least in part, within the state.
New York Final Paycheck Law	In New York, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday.
New York PTO Payout Laws	New York doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It does, however, allow the use of "use-it-or-lose-it" policies if employers give employees prior notice of the policy.

New York Leave Laws

New York Paid Sick Leave (PSL)	Under its Paid Sick Leave law, New York currently requires employers with five or more employees or a net income of more than $1 million to provide all private sector employees with 40 or 56 hours (depending on employer size) of paid, protected sick leave. Eligible employees accrue one hour of sick leave for every 30 hours worked. Employers with four or fewer employees must provide 40 hours of unpaid sick leave.
New York Paid Family and Medical Leave (PFML)	New York is one of over a dozen states with a PFML program, which is fully funded by employee contributions collected by employers via payroll deductions. The program provides employees up to 12 weeks of job-protected paid time off.
New York Maternity Leave	New York doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave.
New York Prenatal Leave	As of January 1, 2025, pregnant employees in New York may have additional paid time off for doctors’ appointments, procedures, or other types of prenatal care. This paid prenatal leave is part of New York’s paid sick leave program, which is separate from New York State Paid Family Leave.
New York Voting Leave Law	Under New York's state voting leave law, New York-based employers must provide employees with up to two hours of paid leave to vote in an election if the employee doesn’t have four consecutive hours available while polls are open before or after their shift. Furthermore, the time off may be taken at the beginning or end of the employee’s shift, as designated by the employer, unless otherwise mutually agreed.

New York Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).

New York, however, also adopted and imposes additional, OSHA-approved regulations for public employees that meet or exceed those federal standards. New York’s State OSHA Plan is overseen by the New York Division of Safety and Health.

New York Work Break Laws

Under New York's meal and rest break law, employers must provide at least 30 minutes of unpaid time if an employee works more than six hours.

New York Harassment and Workplace Discrimination Laws

As described by the New York Human Rights Law, employers in New York are prohibited from discriminating against employees on the basis of:

Race
Gender
Religion
Disability
Sexual Orientation

Color
National Origin
Pregnancy
Age

New York further requires employers to comply with specific anti-harassment mandates, also outlined in its Human Rights Law. For example, at the time of hire and every sexual harassment prevention training session, employers must provide a notice to employees containing the employer’s sexual harassment prevention policy and the information presented at the employer’s sexual harassment prevention training program.

Finally, the state also requires employers with one or more employees to conduct said sexual harassment prevention training courses annually.

Other New York Employment Laws

New York Non-Compete Agreement Laws	New York is one of several states that limit the use of non-compete agreements. A non-compete is only allowed and enforceable to the extent it: is necessary to protect the employer’s legitimate interests doesn’t impose an undue hardship on the employee doesn’t harm the public is reasonable in its time period and geographic scope
New York Retirement Plan Laws	The New York Secure Choice Savings Program will require employers with 10 or more employees during the previous calendar year to participate if they haven’t offered a qualified retirement plan in the preceding two years.
New York Pre-Employment Inquiries Laws	Under NY Corr L § 752, employers in New York may not discriminate against applicants with one or more criminal convictions unless the convictions directly relate to the position, or hiring the applicant would place others at an unreasonable risk of harm. Moreover, the New York City Fair Chance Act restricts employers in the city from asking about a job applicant's criminal history before making a conditional offer of employment. Employers cannot ask about a criminal record on job applications, during initial interviews, or before making a conditional job offer.
New York Lactation Laws	Section 206-C of the New York Labor Law requires employers to support all breastfeeding employees with time and a space (other than a bathroom) to pump at work for up to three years after the child’s birth. The lactation spaces must be close to where employees work and well-lit, provide electrical outlets and a working surface, and have nearby access to running water.
New York Layoff Laws	As regulated by the New York Department of Labor, the state’s Worker Adjustment and Retraining Notification Act requires employers to provide a notice of mass layoff triggering that differs from the Federal WARN Act.

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.

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