New York has some of the most worker-protective employment laws in the country - from the Freelance Isn't Free Act to 12-week Paid Family Leave and a 90-day WARN Act. WorkGenius becomes your legal employer, keeping you fully compliant while you focus on your business.
Facts reviewed against primary sources in September 2026
| Requirement | New York | Detail |
|---|---|---|
| Minimum wage | $17.00/hr | $17.00/hr in NYC, Nassau, Suffolk and Westchester; $16.00/hr for the rest of the state from January 1, 2026 |
| Paid Family Leave | 12 weeks | 67% of average weekly wage, employee-funded via payroll deductions |
| NY WARN Act | 90 days | Notice required for mass layoffs - 50% longer than federal 60-day rule |
| Freelance Isn't Free Act | Statewide | Written contracts required where the work is valued at $800 or more, singly or cumulatively over 120 days; expanded statewide Aug 2024 |
| Paid sick leave | 56 hrs/year | Three tiers under Labor Law 196-b: 100+ employees get 56 hours paid, 5-99 get 40 hours paid, and 4 or fewer get 40 hours unpaid unless the employer's net income exceeded $1 million last tax year, in which case it is paid |
| Final paycheck | Next payday | Must be paid on or before the next regular payday |
Originally a New York City law, the Freelance Isn't Free Act expanded statewide in August 2024. It requires written contracts for freelance engagements over $800, makes payment due on the date the contract specifies, with 30 days after completion as the fallback where it is silent, and prohibits retaliation against workers who assert their rights. Getting it wrong exposes you to double damages and attorney's fees.
Get New York-Compliant TodayNew York's layered employment laws require constant attention. We take them entirely off your plate.
Every engagement gets a compliant written contract covering scope, rate, and payment terms. Payment timelines tracked and enforced automatically - zero risk of double-damage penalties.
NYC and regional minimum wage calculations, Paid Family Leave deductions, SDI withholding, and detailed wage notices required under the Wage Theft Prevention Act - all handled on every pay cycle.
S9427-A is the New York State pay transparency law, codified at Labor Law 194-b and effective September 17, 2023. It requires a salary range in job postings from any employer with 4 or more employees, and applies statewide rather than only in New York City, which has its own parallel ordinance. We ensure every listing and offer letter includes compliant compensation disclosures.
NY Paid Family Leave deductions, disability insurance (DBL), ACA-compliant health coverage, and all NYC-specific benefit mandates - enrolled and administered.
Wage notices at hire in the employee's primary language, detailed pay stubs with all required disclosures. Auditable records maintained for the full 6-year retention period.
90-day advance notice for qualifying mass layoffs, compliant separation documentation, final pay on the next scheduled payday, and COBRA administration.
Most EOR providers use manual checklists. WorkGenius runs New York's layered employment rules directly in the platform - FIFA contracts, PFL deductions, wage notices - automatically, on every payroll cycle.
Beyond the Freelance Isn't Free Act, New York stacks multiple additional requirements on top of federal law.
The New York numbers an employer actually budgets against. Unemployment insurance for 2026 runs on a $17,600 taxable wage base, with a 4.025% new employer rate and an experience-rated range of 2.025% to 9.825%, including the Re-employment Service Fund. Paid Family Leave is employee-funded at 0.432% of gross wages, capped at $411.91 for the year, paying 67% of average weekly wage against a state average weekly wage of $1,833.63. WorkGenius calculates and remits all of it.
Since January 1, 2025, NY Labor Law 196-b(4-a) requires every private employer in New York, with no size threshold, to provide 20 hours of paid prenatal personal leave per 52-week period. It is paid at the employee's regular rate or the applicable minimum wage, whichever is greater, and it sits on top of the ordinary sick leave entitlement rather than counting against it. New York is the first state to mandate it. WorkGenius tracks the separate 20-hour bank for every New York employee.
New York State runs three tiers under Labor Law 196-b. Employers with 100 or more employees provide 56 hours of paid sick leave a year; employers with 5 to 99 provide 40 hours paid; and employers with 4 or fewer provide 40 hours unpaid, unless their net income exceeded $1 million in the previous tax year, in which case those 40 hours are paid. 40 hours for smaller employers. NYC has its own additional sick leave rules. WorkGenius tracks accrual, usage, and documentation.
New York's PFL provides 12 weeks of job-protected, partially paid leave for bonding, family care, or qualifying military events. It's funded entirely through employee payroll deductions - WorkGenius calculates and remits contributions automatically.
Employers must provide written wage notices at hire, within 10 business days, in the employee's primary language. The annual notice requirement was repealed effective 2015 by Ch. 362, Laws of 2014, so only the at-hire notice and notice of any change survive. Pay stubs must include hours worked, pay rate, deductions, and more. Non-compliance carries penalties up to $5,000 per employee.
Since November 2022, NYC employers with 4+ employees must include a good-faith salary range in all job postings. WorkGenius ensures every offer letter and posting meets this requirement for NYC-based workers.
From first conversation to fully compliant employment - typically within days.
Workers, roles, locations, and start dates. We tailor the setup to your needs.
Our AI runs every worker through New York's classification and compliance rules. We prepare compliant contracts and payroll setup.
Onboarded with New York-compliant contracts, benefits enrolled, payroll running from day one.
Payroll runs on New York rules. Taxes filed. Compliance monitored. One weekly invoice.
Yes. The Freelance Isn't Free Act applies based on where the worker performs services, not where your company is headquartered. If you're engaging a freelancer who works in New York - including remotely - you must provide a compliant written contract for any engagement valued at $800 or more. WorkGenius handles this for every New York engagement automatically.
New York Paid Family Leave (PFL) provides eligible employees up to 12 weeks of job-protected leave at 67% of their average weekly wage (capped at a percentage of the state average weekly wage). Unlike most leave programs, PFL is fully funded through small employee payroll deductions - the employer does not contribute directly. WorkGenius calculates and remits PFL contributions on every payroll run.
New York follows the federal standard: overtime is owed after 40 hours in a workweek at 1.5× the regular rate. Unlike California, there is no daily overtime threshold. However, New York's minimum wage is higher than federal, which affects the overtime base rate - especially in NYC and surrounding counties where the minimum is $17.00/hr.
New York requires that a terminated employee's final paycheck be delivered on or before the next regular payday. This is less immediate than California's same-day rule, but still requires active management. WorkGenius tracks termination dates and ensures final pay is processed on time to avoid wage theft penalties.
Non-compete agreements are still generally enforceable in New York if they are reasonable in scope, geography, and duration, and protect a legitimate business interest. However, New York courts scrutinize them closely and will not enforce overly broad restrictions. WorkGenius drafts employment agreements that protect your business interests while staying within what New York courts will uphold.
New York's WARN Act requires 90 days' advance notice for mass layoffs or plant closings - compared to 60 days under the federal WARN Act. It applies to employers with 50 or more full-time employees in New York (vs. 100 federal). The notice must go to affected employees and their representatives, the New York State Department of Labor, and the Local Workforce Development Board, which replaced the workforce investment boards under WIOA in 2015. WorkGenius monitors your workforce size and advises on WARN obligations before any restructuring.
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