$StateWageCalc

New York Minimum Wage & Tip Credit Calculator

Calculate mandatory minimum wage rates across NYC, Long Island, Westchester, and Upstate New York. Verify hospitality tip credits, service employee tip thresholds, and statutory employer cash wage liabilities under NY Labor Law § 652 and 12 NYCRR Part 146.

New York State Labor Law § 652Verified 2024–2027 Schedules

New York Minimum Wage & Tip Credit Calculator

Calculate statutory minimum wage compliance, regional differences, Hospitality Industry Wage Order tip credits, and home care aide wage supplements.

Downstate counties maintain higher rates than Upstate through 2026 until standard parity schedules align.

New York law strictly prohibits tip credits in all non-hospitality industries.

The direct base hourly wage paid directly by the employer (excluding tips).

Calculation Results & Wage Analysis

Compliant with NY Wage Laws
Statutory Minimum Wage

$17.00/hr

Mandatory legal floor
Min Direct Cash Wage

$17.00/hr

Net of permitted credit
Allowable Tip Credit

$0.00/hr

Disallowed / Zero credit
Hourly Shortfall

$0.00/hr

Full compliance met

Step-by-Step Calculation Breakdown

  • •Statutory basic minimum wage floor for Downstate in 2026: $17.00/hr.
  • •Non-hospitality standard worker: Tip credits are strictly prohibited under 12 NYCRR Part 142.
Statutory Authority: New York Labor Law § 652 & 12 NYCRR Part 146

Understanding New York Minimum Wage & Hospitality Tip Credit Law

New York enforces one of the most comprehensive minimum wage frameworks in the United States. Under New York Labor Law § 652, the state is split into two statutory geographic zones:

  • Downstate (New York City, Nassau County, Suffolk County, Westchester County): Minimum wage reached $16.00 on January 1, 2024, $16.50 on January 1, 2025, and stepped to $17.00 on January 1, 2026.
  • Remainder of State (Upstate New York): Minimum wage reached $15.00 on January 1, 2024, $15.50 on January 1, 2025, and stepped to $16.00 on January 1, 2026.

The Hospitality Wage Order Tip Credit Structure (12 NYCRR Part 146)

Unlike most states where tip credit rules are uniform across industries, New York completely eliminated tip credits for miscellaneous and retail industries on December 31, 2020. Tip credits are permitted solely within the hospitality industry under strict regulatory guardrails:

  1. Food Service Workers: Waitstaff, bartenders, and bussers may receive a cash wage as low as $11.35/hr Downstate or $10.70/hr Upstate in 2026, provided that actual tips received bring total compensation to at least $17.00/hr ($16.00 Upstate).
  2. Service Employees: Non-food-service hospitality workers (e.g., bellstaff, coat check, baggage handlers) must meet strict average hourly tip thresholds before any tip credit may be taken. If tips average between the low and high statutory thresholds, a reduced tip credit applies; if tips fall below the lower threshold, zero credit is permitted.
  3. Written Notice Requirement (12 NYCRR § 146-2.2): An employer must provide written notice explaining the tip credit, the cash wage, and tip ownership prior to the start of employment. Failure to produce signed or documented notice forfeits the tip credit retroactively.
  4. Dual-Job / 80-20 Rule (12 NYCRR § 146-2.9): When a tipped worker performs non-tipped work that exceeds 2 hours or 20% of their shift, no tip credit may be claimed for the non-tipped hours.

Home Care Worker Wage Parity (Public Health Law § 3614-c & § 3614-f)

Certified home health aides and personal care aides performing Medicaid-reimbursed services in NYC, Nassau, Suffolk, and Westchester are entitled to statutory parity supplements. These mandatory benefits or cash equivalents ensure home care compensation stays above baseline minimum wage standards.

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