If you work in New York (or run a business there), it’s vital to understand wages and hours under New York labor laws. These rules determine how much you must be paid, when overtime kicks in, what breaks are required, and more.
Below is a detailed, up-to-date guide on wages and hours under New York labor laws.
Wages and Hours Under New York Labor Laws — Why It Matters
When we talk about wages and hours under New York labor laws, we’re referring to the state rules that govern how employers must pay workers, how many hours people can (or must) work before extra pay is due, and what protections employees have. Because New York law often gives more protection than the federal standard, it’s important to know both.
Minimum Wage Under New York Labor Laws
One of the foundational pieces of wages and hours under New York labor laws is the minimum wage. New York sets its own rates (which differ by region) to ensure workers earn a fair baseline.
- As of January 1, 2025, the minimum wage is $16.50 per hour in New York City, Long Island, and Westchester (where tip credits apply).
- In the rest of New York State, the minimum wage is $15.50 per hour.
- For tipped service workers, New York allows a “tip credit” (i.e. the employer’s wage obligation can be partly offset by the tips the worker earns), subject to strict conditions.
Employers must always pay at least the applicable minimum wage for all hours worked. If tips plus wage fall short, the employer must make up the difference.
Overtime and Hours: When Extra Pay Is Required
Another key area of wages and hours under New York labor laws is overtime.
1. Standard Overtime Rule
- Most nonexempt employees in New York must receive overtime pay at 1.5 times their “regular rate” for all hours worked over 40 in a workweek.
- Important: New York law bases overtime on the workweek, not on a daily threshold. So working 12 hours in one day doesn’t automatically trigger overtime unless the 40-hour weekly threshold is exceeded.
- Some occupations might be exempt from overtime under federal law (FLSA), but New York law sometimes provides additional protections.
- In cases where an employer pays different rates (e.g. shift differentials, piece rate), the “regular rate” must be calculated appropriately to determine overtime pay.
2. Special Overtime Rules for Farm Workers & Domestic Employees
- Farm Workers: Historically, farm workers in New York were exempt from overtime until 60 hours in a week. However, recent reforms are phasing that threshold down (e.g. 56 hours in 2024) en route to full parity (i.e. overtime after 40 hours) by 2032.
- Domestic Workers: For most domestic workers, overtime kicks in after 40 hours in a week. But for live-in domestic workers (those who reside in the employer’s home), the overtime threshold can be 44 hours per week.
Exemptions & Salary Thresholds
Not everyone qualifies for overtime. Some jobs are “exempt” under the law.
- To be exempt, a job typically must meet certain duties tests (executive, administrative, professional) and pay a minimum salary threshold.
- As of January 1, 2025, the weekly salary threshold for exempt employees in New York City and in Nassau, Suffolk, and Westchester counties is $1,237.50 per week (i.e. $64,350 annually).
- In areas outside those counties, there’s a different threshold (lower) for exemption.
- Even for exempt employees, New York law still requires that the salary is no less than the state minimum wage times the hours worked in many cases.
Pay Frequency, Recordkeeping & Payment of Wages
Under wages and hours under New York labor laws, there are rules about how and when employees must be paid, and how long records must be kept.
Pay Frequency / Timing of Payment
- New York requires that wages be paid on regular paydays, at least semi-monthly for most employees.
- For “manual workers” (those whose work is physically labor-intensive), the law historically required weekly payment. However, the state budget in 2025 modified consequences for violating that rule (now limiting penalties to interest).
- Legislation (Bill A1434) was introduced to require that employees who report for work and are given less than four hours of work be paid for at least four hours (unless their scheduled shift is less than four hours).
Recordkeeping
Employers must maintain accurate records of time worked, wages paid, deductions, and related info. (Federal law through FLSA also imposes these duties.)
Payment of Wages (Definitions, Deductions, etc.)
- New York’s Labor Law defines “wages” broadly, including earnings, commissions, piece-rates, and other compensation for labor or services.
- Employers may make deductions only when permitted by law (for example, tax withholdings, court orders, etc.). Deductions that reduce wages below minimum wage are generally prohibited.
- If an employer fails to pay wages on time, penalties may apply (interest, statutory damages).
Additional Protections: Spread of Hours, Call-In Pay & Predictability
Beyond basic wages and overtime, New York has rules to protect workers under wages and hours under New York labor laws in more nuanced ways.
Spread of Hours / Split Shift Pay
- If a workday is over 10 hours, or the employer splits the work shift (nonconsecutive hours), the worker may be entitled to an extra hour of pay at minimum wage.
Call-In / Reporting Pay
- If an employee reports for their scheduled shift but is sent home early, they may be entitled to additional pay (at minimum wage) as “call-in” or reporting pay.
Predictability / Minimum Hours Laws
- As noted above, Bill A1434 would require employers (with 30+ establishments) to pay at least 4 hours of work on days when an employee reports per instruction but is given less than four hours of work.
- Some of these rules are still under debate or in legislative process.
Remedies, Claims & Statutes of Limitations
If an employer violates the rules on wages and hours under New York labor laws, employees have several recourses.
- Workers can file complaints with the New York State Department of Labor (NYSDOL).
- They may also bring legal action to recover unpaid wages, overtime, and liquidated damages.
- Importantly, under New York law, workers can claim unpaid wages and overtime going back up to six years.
- This is more generous than the federal statute of limitations under FLSA (which is typically two or three years depending on willfulness).
Common Pitfalls & Key Considerations
When dealing with wages and hours under New York labor laws, watch for these tricky areas:
- Misclassifying employees as exempt when they really should get overtime.
- Undercompensating tip workers by incorrectly applying tip credits.
- Ignoring travel, preparatory or waiting time that might be compensable.
- Failure to maintain accurate records, making proving violations harder.
- Shifting hourly thresholds for farm workers—employers need to stay updated.
- Paying less than minimum wage via illegal deductions.
- Using the wrong “regular rate” when calculating overtime if multiple pay rates apply.
Conclusion: Wages and Hours Under New York Labor Laws — Bottom Line
To sum up, understanding wages and hours under New York labor laws is key whether you’re an employee or employer. Here are the main takeaways:
- The minimum wage in New York varies by region (e.g., $16.50 in NYC, $15.50 elsewhere in 2025).
- Overtime is generally owed for hours beyond 40 per week, at 1.5× the regular rate.
- Some workers (farm, domestic) have special rules; exemptions depend on duties + salary thresholds.
- Employers must pay on a regular schedule, maintain records, and follow rules for split shifts, call-in, etc.
- Employees have up to six years to claim unpaid wages/overtime under state law.
Read Related Articles:
Alabama State Labor Laws – Workers Rights Simplified
