New York
New York Minimum Wage (2027): $17 and $16, No Jan. 1 Raise
Independently fact-checked against primary sources (last audited September 30, 2026). · Law checked current as of November 7, 2026. · 12 primary sources cited on this page. How we verify our legal content
New York's minimum wage is $17.00 an hour in New York City, Long Island (Nassau and Suffolk counties) and Westchester County, and $16.00 an hour in the rest of the state. Both rates took effect on January 1, 2026 under N.Y. Labor Law 652(1-a). They are more than double the federal minimum wage of $7.25 an hour, so the state rate is the one that controls for almost every New York worker.
The general rates will not change on January 1, 2027. The fixed schedule in the statute ends with the 2026 rates. From 2027 the rate is indexed to inflation, and the Labor Commissioner must publish the adjusted rates no later than October 1 of each year. The New York State Department of Labor (NYSDOL) has announced that one of the statute's off-ramp conditions was met for 2027, so the minimum wage will not receive an inflation-based increase on January 1, 2027.
Information last verified on September 30, 2026, with the 2027 section checked on November 6, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the New York State minimum wage under Article 19 of the Labor Law (section 652), the state's separate rates for fast food and home care aides, and how the federal Fair Labor Standards Act (FLSA) fits over them. It does not cover overtime calculation, other states, or wage rules outside the minimum wage. For those, see the linked pages below.
New York minimum wage in 2027: what changes January 1
New York's general minimum wage does not change on January 1, 2027. It stays $17.00 an hour in New York City, Long Island and Westchester County and $16.00 an hour in the rest of the state. The governor's office states: "One of the off-ramps conditions has been met for 2027, so the minimum wage will not receive an inflation-based increase on January 1, 2027." Home care aides are the exception.
Status as of November 6, 2026: Announced by NYSDOL and the governor's office. Only the home care aide rates rise on January 1, 2027.
| Category | NYC, Long Island, Westchester | Rest of state | On January 1, 2027 |
|---|---|---|---|
| General minimum wage | $17.00 | $16.00 | No change |
| Home care aides | $20.00 | $19.00 | Increase from $19.65 and $18.65 |
| Tipped food service workers, cash wage | $11.35 | $10.70 | No change |
| Tipped service employees, cash wage | $14.15 | $13.30 | No change |
Fast food workers have no separate rate. NYSDOL's fast food fact sheet says the fast food minimum wage has matched the basic minimum wage in each region since January 1, 2026.
A further change is pending and is not law. The governor has proposed legislation, Governor's Program Bill #44, that would revise the off-ramp and set $17.60 an hour in New York City, Long Island and Westchester and $16.55 elsewhere, with home care aides at $20.30 and $19.30. The governor's page says: "If approved by the State Legislature, new rates would take effect on March 1, 2027." Until the Legislature approves it, the rates in the table are the ones in law.
What is the minimum wage in New York right now?
The rate depends on where the work is performed. New York has two regions for the general minimum wage.
| Region | Hourly minimum wage | Effective |
|---|---|---|
| New York City | $17.00 | January 1, 2026 |
| Long Island (Nassau and Suffolk) and Westchester County | $17.00 | January 1, 2026 |
| Remainder of New York State | $16.00 | January 1, 2026 |
The New York State Department of Labor (NYSDOL) lists these figures on its minimum wage page, and the statute uses the same amounts: $17.00 on and after January 1, 2026 for New York City and $16.00 for the remainder of the state. Long Island and Westchester share the higher rate.
Earlier rates sometimes circulate online. The $16.50 and $15.50 figures were the 2025 rates, and $16.00 and $15.00 were the 2024 rates. If a pay stub shows one of those amounts for work in 2026, compare it with the table above.
How New York's minimum wage is set from 2027
NYSDOL's minimum wage page explains why the general rates did not rise for 2027: "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."
The law tells us how the number will be set and when it should appear. Under Labor Law 652(1-b), the commissioner must publish the adjusted rates no later than October 1 of each year, to take effect the following January 1. That puts the first indexed announcement on or before October 1, 2026.
How the adjustment works, as NYSDOL describes it: starting in 2027, the minimum wage is tied to inflation and increases based on a three-year average of the Consumer Price Index for the Northeast. The statute rounds the result to the nearest five cents and includes an off-ramp. The increase may be paused if the CPI measure is negative, if the unemployment rate has risen by half a point or more from its prior 12-month low, or if July nonfarm employment fell from both its April and January levels.
NYSDOL says the general rates stay at $17.00 and $16.00 on January 1, 2027, so any figure showing a January 1, 2027 increase in the general rate is not correct. The proposed March 1, 2027 rates described above are pending, not law.
Tipped workers: food service and service employees
New York allows a tip credit in the hospitality industry (restaurants and hotels), and only through set cash wages. NYSDOL states that no tip credit is available in the building service industry, and that since December 31, 2020 tip allowances are not permitted in miscellaneous industries (all industries other than hospitality, farm workers and building service). Tipped workers in those industries must be paid the full minimum wage. NYSDOL lists two hospitality categories for 2026.
| Category | Region | Minimum cash wage | Maximum tip credit |
|---|---|---|---|
| Food service workers | New York City, Long Island, Westchester | $11.35 | $5.65 |
| Food service workers | Remainder of state | $10.70 | $5.30 |
| Service employees | New York City, Long Island, Westchester | $14.15 | $2.85 |
| Service employees | Remainder of state | $13.30 | $2.70 |
The employer must still make sure the cash wage plus tips reaches the full minimum wage for the region. NYSDOL also says an employer cannot take a tip credit when a tipped worker spends more than two hours, or 20 percent of a shift, on non-tipped work. For service employees, a tip credit is also unavailable in any week when tips average less per hour than a set amount: in 2026, $3.65 (New York City, Long Island, Westchester) or $3.40 (rest of state) in restaurants and all-year hotels, and $9.55 or $9.00 in resort hotels.
NYSDOL's minimum wage page lists the same tipped cash wages and tip credits as of January 1, 2027.
Federal law sets a lower floor for tipped workers: a cash wage of at least $2.13 an hour, provided tips bring the total to $7.25. New York's cash wages are higher, so the New York figures apply.
Fast food workers
New York once had a separate, higher minimum wage for fast food workers at large chains. That gap is closed. NYSDOL's fast food worker fact sheet states that beginning January 1, 2026, the fast food minimum wage matches the basic minimum wage: $17.00 in New York City, Long Island and Westchester, and $16.00 in the remainder of the state.
The fast food rate covers workers at limited-service chains with 30 or more locations nationally. If you work for one, you receive the same rate as other workers in your region.
Home care aides
Home care aides have their own, higher minimum wage under Public Health Law 3614-f. NYSDOL's home care aide fact sheet lists these rates as of January 1, 2026:
| Region | Home care aide minimum wage | Effective |
|---|---|---|
| New York City, Long Island, Westchester | $19.65 | January 1, 2026 |
| Remainder of state | $18.65 | January 1, 2026 |
The fact sheet lists the schedule through January 1, 2026. From January 1, 2027, Public Health Law 3614-f raises the home care aide rate each year by a home care worker wage adjustment tied to inflation in the Northeast. NYSDOL's minimum wage page states that the home care aide minimum wage increases on January 1, 2027, to $20.00 per hour in New York City, Long Island and Westchester County and $19.00 per hour in the rest of the state.
How the federal minimum wage fits in
The FLSA sets a national floor of $7.25 an hour. It does not replace a higher state rate. Section 218(a) of Title 29 states that nothing in the FLSA excuses noncompliance with any federal or state law or municipal ordinance establishing a higher minimum wage. The U.S. Department of Labor says the same thing: where an employee is subject to both state and federal law, the higher rate applies.
For a New York worker, that means the state rate applies to almost everyone. The FLSA matters in narrower ways, such as coverage of workers a state law might miss and its own remedies. For the full federal rules, including exemptions and coverage, see the federal minimum wage guide.
Local minimum wages
New York City, Long Island and Westchester share the same state rate, so there is no separate city or county rate to look up for those areas. This page does not state whether New York law allows or blocks cities from setting their own minimum wage, because that question was not part of the research behind it. If you work in a city that advertises its own rate, confirm it with NYSDOL.
Filing a minimum wage complaint in New York
If you were paid less than the minimum wage, you can contact NYSDOL at 888-525-2267 or through its minimum wage page. The state's remedies come from Labor Law 663.
- Time limit. The statute of limitations is six years, and it is tolled from the date of a NYSDOL complaint or investigation.
- Private lawsuit. You may bring a civil action to recover underpayments.
- Damages. An employer owes the underpayment plus liquidated damages equal to 100 percent of it, unless the employer proves a good-faith basis for believing it was paying lawfully. The court also awards attorney fees, costs and prejudgment interest, and an unpaid judgment increases by 15 percent after 90 days.
- Retaliation. Labor Law 215 bars discharge, threats, penalties or other retaliation because an employee complained to the employer or the commissioner. Civil penalties run from $1,000 to $10,000, and $1,000 to $20,000 for a repeat violation. An employee may sue within two years, and the court must award liquidated damages of up to $20,000.
The federal remedy is separate. Under 29 U.S.C. 216(b), an employer that violates the federal minimum wage owes the unpaid wages plus an equal amount as liquidated damages, and the court allows a reasonable attorney's fee. Federal claims must generally be filed within two years, or three years for a willful violation. For the general process of recovering wages you are owed, see unpaid wages.
Youth and training rates
New York has no lower minimum wage for youth or trainees. NYSDOL's minimum wage FAQ states that there is no lower wage rate established for trainees or youth, so a worker under 18 is owed the same regional rate as an adult.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- New York final paycheck laws
- New York at-will employment laws
- Recovering unpaid wages
- Overtime calculator
- Neighboring states: New Jersey minimum wage, Connecticut minimum wage, Massachusetts minimum wage
Disclaimer: This article provides general legal information, not legal advice. It reflects New York Labor Law and the federal Fair Labor Standards Act as verified on September 30, 2026, with the 2027 section checked on November 6, 2026. Wage rules change, and your situation may turn on facts not covered here. For advice about a specific situation, consult a lawyer licensed in New York or contact the New York State Department of Labor.
Last updated: November 6, 2026.
Frequently Asked Questions
What is the minimum wage in New York in 2026?
It is $17.00 an hour in New York City, Long Island (Nassau and Suffolk) and Westchester County, and $16.00 an hour in the remainder of the state, effective January 1, 2026 under Labor Law 652(1-a).
What will the minimum wage be in New York in 2027?
On January 1, 2027 it stays $17.00 an hour in New York City, Long Island and Westchester County and $16.00 elsewhere, because NYSDOL announced that an off-ramp condition was met; home care aides rise to $20.00 and $19.00. A governor's proposal for $17.60 and $16.55 from March 1, 2027 is pending and becomes law only if the State Legislature approves it.
How does New York's minimum wage increase after 2026?
Starting in 2027 the rate is tied to inflation, using a three-year average of the Consumer Price Index for the Northeast rounded to the nearest five cents. An off-ramp can pause an increase if inflation is negative or unemployment and employment data weaken.
Is the minimum wage higher in New York City than upstate?
Yes, but the higher rate is not limited to the city. New York City, Long Island and Westchester share a $17.00 rate, while the rest of the state is $16.00.
What is the tipped minimum wage in New York?
Only hospitality employers may take a tip credit. For food service workers, the 2026 cash wage is $11.35 in New York City, Long Island and Westchester and $10.70 elsewhere. For service employees it is $14.15 and $13.30. Tips must bring total pay up to the full minimum wage.
Do New York fast food workers get a higher minimum wage?
No longer. NYSDOL states that beginning January 1, 2026 the fast food minimum wage matches the basic rate: $17.00 in New York City, Long Island and Westchester and $16.00 elsewhere.
What is the minimum wage for home care aides in New York?
As of January 1, 2026 it is $19.65 an hour in New York City, Long Island and Westchester and $18.65 in the rest of the state, under Public Health Law 3614-f. NYSDOL states that it rises on January 1, 2027 to $20.00 and $19.00.
Is New York's minimum wage higher than the federal minimum wage?
Yes. The federal rate is $7.25 an hour, and 29 U.S.C. 218(a) provides that a higher state minimum wage still applies.
How long do I have to file a New York minimum wage claim?
Labor Law 663(3) sets a six-year limit, tolled from the date of a NYSDOL complaint or investigation. A federal claim generally must be brought within two years, or three years if the violation was willful.
How do I report an employer paying less than the New York minimum wage?
Contact NYSDOL at 888-525-2267 or through its minimum wage page. Labor Law 215 also prohibits retaliation against an employee who complains.
Updates
Governing law re-checked for recent changes
Updated for the 2027 announcement: no inflation increase on January 1, 2027 because an off-ramp was met; home care aide rates rise.
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Labor Law
§ 652Minimum wageIn forcecited in 2 of our articles
Minimum wage. 1. Statutory. Every employer shall pay to each of its employees for each hour worked a wage of not less than: $4.25 on and after April 1, 1991, $5.15 on and after March 31, 2000, $6.00 on and after January 1, 2005, $6.75 on and after January 1, 2006, $7.15 on and after January 1, 2007, $8.00 on and after December 31, 2013, $8.75 on and after December 31, 2014, $9.00 on and after December 31, 2015, and until December 31, 2016, 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. (a) New York City. (i) Large employers. Every employer of eleven or more employees shall pay to each of its employees for each hour worked in the city of New York a wage of not less than: $11.00 per hour on and after December 31, 2016, $13.00 per hour on and after December 31, 2017, $15.00 per hour on and after December 31, 2018, or, if greater, such other wage as may be established by federal law pursuant to 29 U.S.C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 171 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- New York State Restaurant Ass'n v. Commissioner of Labor (Appellate Division of the Supreme Court of the State of New York 2007, 45 A.D.3d 1133)“…in food service workers. In 2000, the Legislature amended Labor Law § 652 to provide that food service workers, w…”
- Carver v. State (New York Supreme Court 2009, 24 Misc. 3d 602)“…r. The state minimum wage law is codified in New York State Labor Law Section 652. Respondents’ retroactive taking of wag…”
- Abdelhamed v. XYZ Limousine, Inc. (Appellate Division of the Supreme Court of the State of New York 2026, 2026 NY Slip Op 03770)“…State Univ. of Oneonta v Ross , 54 NY2d 460, 463 ; see Labor Law § 652[1]). In this action, the plaintiffs all…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Final Paycheck Laws: Regular Payday, Up to 300% in Damages
§ 654Basis of changes in minimum wageIn force
Basis of changes in minimum wage. In establishing minimum wages and regulations for any occupation or occupations pursuant to the provisions of the following sections of this article, the wage board and the commissioner shall consider the amount sufficient to provide adequate maintenance and to protect health and, in addition, the wage board and the commissioner shall consider the value of the work or classification of work performed, and the wages paid in the state for work of like or comparable character.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 696-bMinimum wage rate for covered airport workersIn force
Minimum wage rate for covered airport workers. All employers at a covered airport location shall ensure that every covered airport worker is compensated at a rate that is no less than the applicable standard rate. Nothing in this article shall alter or limit any employer's obligation to pay any otherwise applicable prevailing wage under article eight or nine of this chapter.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 673Minimum wageIn force
Minimum wage. 1. Statutory. Every employer shall pay to each of its employees for each hour worked a wage of not less than the wage established pursuant to subdivision one of section six hundred fifty-two of this chapter, or such other wage as may be established in accordance with the provisions of this article. 2. Existing wage order. The minimum wage order in effect on the effective date of this act shall remain in full force and effect, except as modified in accordance with the provisions of this article.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 215Penalties and civil action; prohibited retaliationIn forcecited in 3 of our articles
Penalties and civil action; prohibited retaliation. 1. (a) No employer or his or her agent, or the officer or agent of any corporation, partnership, or limited liability company, or any other person, shall discharge, threaten, penalize, or in any other manner discriminate or retaliate against any employee (i) because such employee has made a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general or any other person, that the employer has engaged in conduct that the employee, reasonably and in good faith, believes violates any provision of this chapter, or any order issued by the commissioner (ii) because such employer or person believes that such employee has made a complaint to his or her employer, or to the commissioner or his or her authorized representative, or to the attorney general, or to any other person that the employer has violated any provision of this chapter, or any order issued by the commissioner (iii) because such employee has caused to be instituted or is about to institute a proceeding under or related to this chapter, or (iv) because such employee has provided information to the commissioner…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 147 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Epifani v. Johnson (Appellate Division of the Supreme Court of the State of New York 2009, 65 A.D.3d 224)“…fth cause of action), retaliatory discharge in violation of Labor Law § 215 (sixth cause of action), wrongful wage…”
- Grella v. St. Francis Hospital (Appellate Division of the Supreme Court of the State of New York 2017, 149 A.D.3d 1046)“…tive Law § 296 [1] [a]), and as retaliation in violation of Labor Law § 215. The second amended complaint alleged t…”
- Tsatskin v. Kordonsky (Appellate Division of the Supreme Court of the State of New York 2020, 189 A.D.3d 1296)“…o failed to state a cause of action alleging a violation of Labor Law § 215. Under that statute, it is unlawful to…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Employer Threatening to Call Immigration? Your Rights in the U.S., Wrongful Termination in New York (2026): Laws, Deadlines, How to File
§ 663Civil actionIn force
Civil action. 1. By employee. If any employee is paid by his or her employer less than the wage to which he or she is entitled under the provisions of this article, he or she shall recover in a civil action the amount of any such underpayments, together with costs all reasonable attorney's fees, prejudgment interest as required under the civil practice law and rules, and unless the employer proves a good faith basis to believe that its underpayment of wages was in compliance with the law, an additional amount as liquidated damages equal to one hundred percent of the total of such underpayments found to be due. Any agreement between the employee, and the employer to work for less than such wage shall be no defense to such action. 2. By commissioner.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 175 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Johnson v. State of New York (New York Court of Claims 2025, 2025 NY Slip Op 25284)“…derpayment, which must be commenced within six years ( see Labor Law § 663 [3]). Notably, however, as defendant co…”
- Stennett v. Moveway Transfer & Storage, Inc. (Appellate Division of the Supreme Court of the State of New York 2012, 97 A.D.3d 655)“…action alleging a violation of Labor Law article 19 (see Labor Law § 663 [1], [3]). Accordingly, the Supreme Cou…”
- Mendoza v. Cornell Univ. (Appellate Division of the Supreme Court of the State of New York 2023, 189 N.Y.S.3d 159)“…this issue. Further, as the motion court correctly found, Labor Law § 663 does not support plaintiff's gap-time c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Public Health Law
§ 3614-fHome care minimum wage increaseIn force
Home care minimum wage increase. 1. Definitions. For the purpose of this section: (a) "Home care aide" shall have the same meaning as defined in section thirty-six hundred fourteen-c of this article. (b) "Home care worker wage adjustment" shall mean a supplemental amount of wages equal to the rate of change in the average of the three most recent consecutive twelve month periods between the first of August and the thirty-first of July, each over their preceding twelve month periods published by the United States department of labor non-seasonally adjusted consumer price index for northeast region urban wage earners and clerical workers (CPI-W) or any successor index as calculated by the United States department of labor. (c) "Downstate" shall mean all counties within New York city and the counties of Nassau, Suffolk and Westchester. (d) "Remainder of state" shall mean all counties in the state of New York other than the counties in downstate. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
United States Code Title 29
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Unpaid Wages: How to File a Claim and Recover What You're Owed, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minimum Wage by State (2027): All 50 States and DC, Alabama Minimum Wage (2027): Still $7.25, No State Rate, Alaska Minimum Wage (2027): $14.00, Rising to $15.00 July 1
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Arkansas Minimum Wage (2027): Still $11.00, No Change Scheduled, Colorado Minimum Wage (2027): $15.71 an Hour From Jan. 1
Sources and References
- New York State Department of Labor: Minimum Wage(dol.ny.gov).gov
- N.Y. Labor Law 652 (minimum wage schedule and indexing)(nysenate.gov).gov
- NYSDOL Fact Sheet: Fast Food Worker Minimum Wage (P716)(dol.ny.gov).gov
- NYSDOL Fact Sheet: Home Care Aide Minimum Wage (P105)(dol.ny.gov).gov
- NYSDOL: Minimum Wage for Tipped Workers(dol.ny.gov).gov
- N.Y. Labor Law 663 (civil action and damages)(nysenate.gov).gov
- 29 U.S.C. 218 (relation to other laws)(law.cornell.edu)
- U.S. Department of Labor: Minimum Wage FAQ(dol.gov).gov
- 29 U.S.C. 216 (penalties and civil remedies)(law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations)(law.cornell.edu)
- NYSDOL: Minimum Wage Frequently Asked Questions(dol.ny.gov).gov
- N.Y. Labor Law 215 (retaliation prohibited)(nysenate.gov).gov
- N.Y. Public Health Law 3614-f (home care aide minimum wage)(nysenate.gov).gov
- Governor of New York: New York State Minimum Wage 2027(governor.ny.gov).gov
- Governor's Program Bill #44 memorandum: minimum wage rates (October 2026)(governor.ny.gov).gov