Wage and Hour Laws

New York Wage and Hour Laws: Your Complete Guide (2025)

New York has some of the strongest worker protections in the United States when it comes to pay. The state’s New York wage and hour laws go beyond federal requirements to ensure employees receive fair compensation for their work. From minimum wage rates that exceed the federal standard to unique protections like spread of hours pay, New York workers enjoy comprehensive wage protections that many other states don’t provide.

This guide covers everything you need to know about how you should be paid in New York. We’ll explain minimum wage rates for 2025, overtime requirements, meal break rules, final paycheck timing, and what to do if your employer hasn’t paid you properly. Whether you’re wondering if you’re being paid correctly or need to file a wage claim, this resource will help you understand your rights under New York labor laws.

New York Minimum Wage (2025 Rates)

New York uses a regional minimum wage system, meaning your required pay depends on where you work. As of January 1, 2025, the minimum wage rates are:

• New York City, Long Island, and Westchester County: $16.50 per hour
• Rest of New York State: $15.50 per hour

These rates represent an increase from 2024 and apply to most employees. Starting in 2027, New York’s minimum wage will be indexed to the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), meaning it will automatically increase with inflation.

Tipped employees have different minimum wage requirements. Employers can take a “tip credit” and pay tipped workers less than the standard minimum wage, as long as tips make up the difference. The tip credit rules vary by region and industry (food service workers, service employees, and hospitality workers have different rates).

Fast food workers in New York City have been subject to a $15 minimum wage since 2019, which has now been exceeded by the general minimum wage increase.

For a detailed breakdown of all minimum wage rates, including tipped minimums and industry-specific requirements, read our complete guide to New York minimum wage.

Overtime Requirements in New York

Most New York employees are entitled to overtime pay when they work more than 40 hours in a single workweek. The overtime rate is 1.5 times your regular hourly rate (time and a half).

New York follows the federal Fair Labor Standards Act (FLSA) for overtime, which means:

• Overtime is calculated based on a 7-day workweek (40+ hours)
• There is no daily overtime requirement (unlike California)
• The workweek can start on any day the employer chooses
• You must receive overtime regardless of whether your employer authorized the extra hours

Important exception: Residential employees (live-in workers) don’t qualify for overtime until they work more than 44 hours in a workweek.

Not all employees qualify for overtime. Workers classified as “exempt” under the FLSA don’t receive overtime pay. Common exempt categories include executive, administrative, and professional employees, but you must meet specific salary and duties requirements to be properly classified as exempt.

Many wage violations occur when employers misclassify non-exempt employees as exempt to avoid paying overtime. If you regularly work more than 40 hours per week without overtime pay, you may have a wage claim.

Learn more about who qualifies for overtime and how it’s calculated in our New York overtime laws guide.

Spread of Hours Pay (New York Unique Rule)

New York has a unique wage requirement that doesn’t exist in most other states: spread of hours pay. This rule requires employers to pay an additional hour of pay at the minimum wage rate when your workday exceeds 10 hours.

The “spread of hours” means the total time from when you start work to when you finish, including any breaks or time off during the day. For example:

• You start work at 8:00 AM and finish at 7:00 PM (11-hour spread)
• Even if you only worked 8 hours (with a 3-hour break in between)
• Your employer owes you one extra hour of pay at minimum wage

This rule applies to most non-exempt employees in New York. It’s designed to compensate workers for the long period of time their schedule requires them to be available for work, even if they’re not actively working the entire time.

Spread of hours violations are common because many employers don’t know about this New York-specific requirement. If you frequently work split shifts or long days, you may be owed additional compensation.

Our detailed guide explains how spread of hours pay works, including examples, exceptions, and how to calculate what you’re owed.

Meal and Rest Break Requirements

New York law requires employers to provide meal breaks, but the rules depend on your shift length and industry:

For most employees:

• 30-minute break for shifts longer than 6 hours
• The break should occur between 11:00 AM and 2:00 PM for shifts starting before 11:00 AM and extending past 7:00 PM

For factory workers:

• 60-minute break for shifts during the midday period (between 11:00 AM and 2:00 PM)
• 60 minutes for a shift starting before 11:00 AM and continuing after 7:00 PM
• 45 minutes for a shift between 1:00 PM and 6:00 AM starting before 11:00 AM or ending after 7:00 PM

Important notes about breaks:

• Meal breaks can be unpaid (if you’re completely relieved of duties)
• New York doesn’t require paid rest breaks or coffee breaks
• If your employer provides short breaks (5-20 minutes), federal law requires they be paid
• You cannot waive your meal break unless your shift is 6 hours or less

Many states require rest breaks in addition to meal breaks, but New York doesn’t. However, employers who voluntarily provide rest breaks must follow federal rules about counting them as paid time.

Final Paycheck Rules

When your employment ends in New York, whether you quit or were fired, your employer must pay you all wages owed by the next regular payday. There’s no requirement to pay you immediately or sooner than the standard pay schedule.

Your final paycheck must include:

• All hours worked through your last day
• Any earned overtime pay
• Accrued unused vacation time (if your employer’s policy or employment contract requires payout)
• Earned commissions (if due under your agreement)

Vacation payout: New York doesn’t require employers to offer paid vacation. However, if your employer has a policy or you have a contract that says unused vacation will be paid out at termination, they must honor that agreement. Many employers have “use it or lose it” policies that are legal in New York, meaning you forfeit unused vacation if you don’t use it by a certain date.

Your employer must also pay you according to their standard pay method. If you were paid by direct deposit, they can continue using that method for your final pay. If you were paid by paper check, they should provide a check.

If your employer fails to pay your final wages on time, you may be entitled to additional damages beyond just the unpaid wages.

For more details about timing requirements and what to do if your employer won’t pay you, see our guide on New York final paycheck requirements.

Wage Theft and Unpaid Wages

Wage theft—when employers fail to pay workers what they’ve earned—is unfortunately common. New York has strong laws to combat wage theft and help workers recover unpaid wages.

The New York Wage Theft Prevention Act (WTPA) requires employers to:

• Provide written notice of wage rates, pay schedule, and other pay information at hiring
• Give employees an itemized wage statement with each paycheck
• Update wage notices when pay rates or other terms change

Common types of wage theft include:

• Not paying for all hours worked
• Failing to pay overtime for 40+ hour weeks
• Making illegal deductions from paychecks
• Not paying minimum wage
• Misclassifying employees as independent contractors
• Not paying spread of hours premium
• Withholding final paychecks
• Taking employee tips

If your employer hasn’t paid you properly, you have several options for recovery. You can file a complaint with the New York State Department of Labor, which will investigate and can order your employer to pay you. You can also file a lawsuit in court to recover unpaid wages.

New York gives workers a generous 6-year statute of limitations to file wage claims under state law—much longer than the 2-3 years most states allow. This means you can potentially recover unpaid wages going back six years.

Learn how to identify wage theft and what steps to take in our guide on unpaid wages in New York.

Call-In Pay Requirements

New York requires employers to pay “call-in pay” (also called “reporting pay”) when they require employees to report for work but then send them home early or cancel the shift.

The rule: If you report to work as scheduled and your employer sends you home, you must be paid for:

• At least 4 hours, or
• The length of your scheduled shift (whichever is shorter)

This applies even if you don’t perform any work. The requirement compensates you for making yourself available and traveling to work.

Example: You’re scheduled for a 6-hour shift. You arrive at work, but business is slow and your manager sends you home after 1 hour. Your employer must pay you for 4 hours (the minimum), not just the 1 hour you worked.

Exception: This rule doesn’t apply if the reason for canceling work is outside the employer’s control, such as natural disasters, power failures, or threats to employees or property.

Call-in pay violations often occur in industries with variable staffing needs, such as restaurants, retail, and healthcare. Many employers don’t know about this requirement or try to avoid it by telling employees to stay home rather than report to work.

For more details about when call-in pay applies and how to calculate it, read our guide to call-in pay in New York.

Wage Deductions: What’s Legal in NY

New York law strictly limits what employers can deduct from your paycheck. Employers can only make deductions that:

1. Are required by law (income taxes, Social Security, Medicare, court-ordered garnishments)
2. You authorize in writing and benefit you (health insurance, retirement contributions, union dues)
3. Are allowed by specific Labor Law provisions (limited circumstances)

Illegal deductions include:

• Shortages in cash registers or inventory (unless you gave written consent)
• Broken or damaged equipment (unless you gave written consent)
• Uniforms and tools required for work
• Business expenses the employer should cover
• “Training costs” or certification fees
• Deductions as punishment or discipline

Even if you signed an agreement authorizing deductions for breakage or shortages, your employer cannot deduct so much that your pay falls below minimum wage for the hours worked.

Many employees unknowingly agree to illegal deductions when they sign employment paperwork without reading carefully. If your employer has been deducting money from your paychecks for reasons other than taxes, insurance, or retirement, you should review whether those deductions are legal.

Our comprehensive guide covers what wage deductions are legal in New York and what to do if your employer made improper deductions.

Tipped Employees and Tip Credits

New York allows employers in certain industries to pay tipped employees less than the standard minimum wage by taking a “tip credit.” However, complex rules govern how this works.

The basic rule: If you regularly receive tips, your employer can count some of your tips toward the minimum wage requirement. But your base pay plus tips must always equal at least the full minimum wage.

Tip credit amounts vary by:

• Geographic region (NYC vs. rest of state)
• Industry (food service, service employees, hospitality)
• Type of establishment

For example, food service workers in NYC can be paid a cash wage as low as $11.00 per hour (as of 2025), with tips making up the difference to the $16.50 minimum wage. If your tips don’t bring you to the full minimum wage, your employer must make up the difference.

Important protections for tipped workers:

• Employers cannot keep tips: All tips belong to employees. Managers and supervisors cannot share in tip pools.
• Tip pooling is allowed: Employers can require employees to share tips with other workers who customarily receive tips, but cannot include managers or back-of-house employees who don’t usually receive tips (though recent legal changes have modified this slightly).
• Service charges are not tips: If your employer adds a mandatory service charge to bills, that money belongs to the employer unless they voluntarily distribute it as tips. Customers should be clearly informed that service charges are not gratuities.
• Notice requirements: Employers taking a tip credit must notify employees and cannot take the credit without proper notice.

Tip credit violations are common. Many employers take tip credits without meeting the legal requirements, illegally keep portions of tips, or include managers in tip pools.

Commission-Based Pay Rules

If you’re paid on commission, New York law provides important protections:

Written agreements are required: Your employer must have a written commission agreement that explains:

• How commissions are calculated
• When commissions are earned
• When commissions will be paid

Commissions are wages: Once you’ve earned a commission under your agreement, it’s considered wages that must be paid. Your employer cannot implement a policy that forfeits commissions you’ve already earned.

Timing of payment: Your commission agreement should specify when commissions are paid. Even if you leave the company, you’re entitled to commissions earned under the agreement terms.

Common commission disputes:

• Employer changes commission plan retroactively
• Company refuses to pay commissions on sales completed before termination
• Employer claims commissions weren’t “earned” until after you left
• Complex clawback provisions that may not be enforceable

Sales employees and others paid on commission should carefully review their commission agreements. Many disputes arise from ambiguous language about when commissions are “earned” versus when they’re paid.

For detailed information about your rights as a commissioned employee, see our guide on New York commissioned employee laws.

Exempt vs Non-Exempt Employees

One of the most important classifications in wage and hour law is whether you’re “exempt” or “non-exempt” from overtime requirements.

Non-exempt employees:

• Must be paid at least minimum wage
• Must receive overtime pay (1.5x rate) for 40+ hours per week
• Entitled to spread of hours pay
• Subject to all New York wage and hour protections

Exempt employees:

• Must be paid on a salary basis
• Do not receive overtime pay regardless of hours worked
• Generally not entitled to spread of hours pay
• Must meet specific duties tests

Common exemption categories:

1. Executive exemption: Manage the business or a department, supervise at least two employees, have genuine input into employment decisions
2. Administrative exemption: Perform office work directly related to business operations, exercise independent judgment on significant matters
3. Professional exemption: Work requiring advanced knowledge in a field of science or learning, typically requiring a college degree
4. Computer professional exemption: Systems analysts, programmers, software engineers meeting specific duties and pay requirements
5. Outside sales exemption: Primarily make sales away from the employer’s place of business

To be properly classified as exempt, you must meet both:

• Salary basis test: Paid a predetermined amount each pay period that doesn’t vary based on quality or quantity of work
• Duties test: Your actual job duties must match one of the exemption categories

Salary minimums: New York generally follows federal salary minimums ($684 per week / $35,568 annually as of 2024), but New York City has higher thresholds for some exemptions. The salary level alone doesn’t make you exempt—your duties must also qualify.

Misclassification is common: Many employers incorrectly classify employees as exempt to avoid paying overtime. Simply having a manager title, being paid a salary, or being told you’re exempt doesn’t make it legally true. Your actual day-to-day duties determine your classification.

If you’re classified as exempt but spend most of your time doing non-exempt work (like working a cash register, making routine decisions without independent judgment, or not supervising employees), you may be misclassified and owed overtime pay.

New York Wage Theft Prevention Act

The Wage Theft Prevention Act (WTPA), passed in 2011 and amended since, provides strong protections for New York workers and serious penalties for employers who violate wage laws.

Key employer requirements:

1. Notice at hiring: Employers must provide written notice containing:

   • Pay rate and basis (hourly, salary, commission, etc.)
   • Overtime rate (if eligible)
   • How you’re paid (weekly, bi-weekly, etc.)
   • Official name of employer and any “doing business as” names
   • Physical address of employer’s main office
   • Phone number

2. Notice of changes: If any of this information changes, employers must notify you in writing

3. Wage statements: Each payday, you must receive an itemized statement showing:

   • Dates of work covered
   • Rate of pay
   • Gross wages
   • Itemized deductions
   • Net wages
   • Employer name and address

Penalties for violations:

• Civil penalties: Up to $5,000 per employee for failure to provide proper notices or wage statements
• Damages: If underpaid, you can recover the unpaid wages plus damages equal to 100% of the unpaid amount (double damages)
• “Willful” violations: Up to $20,000 in civil penalties per employee if the Department of Labor finds the violation was willful

The WTPA gives New York some of the strongest wage enforcement mechanisms in the country. The high penalty amounts incentivize employer compliance and compensate workers for violations.

Filing a Wage Claim in New York

If your employer hasn’t paid you properly, you have two main options for recovering unpaid wages:

Option 1: File with the New York State Department of Labor (NYSDOL)

The NYSDOL accepts complaints for most wage violations, including:

• Unpaid regular wages or overtime
• Illegal deductions
• Minimum wage violations
• Unpaid spread of hours
• Unpaid call-in pay
• Final paycheck issues

Process:

1. Submit a claim online, by mail, or in person at a NYSDOL office
2. NYSDOL investigates your claim
3. If they find a violation, they can order your employer to pay you
4. The process is free and you don’t need a lawyer

Benefits: No cost, don’t need an attorney, government handles the investigation

Drawbacks: Can take many months or even years, NYSDOL may not pursue your case if they consider it complex or a legal gray area

Option 2: File a Lawsuit in Court

You can also sue your employer in state or federal court to recover unpaid wages.

Benefits:

• You control the case and timeline (through your attorney)
• Can potentially recover more damages
• May be faster than NYSDOL in some cases
• Court can award attorney’s fees if you win

Drawbacks: Usually requires hiring an attorney, involves more legal complexity

Many wage and hour attorneys take cases on contingency, meaning they don’t charge upfront fees and only get paid if you recover money. If you win, the employer typically must pay your attorney’s fees in addition to your unpaid wages.

Statute of limitations: You have 6 years under New York Labor Law to file most wage claims. Federal FLSA claims have a 2-year deadline (3 years for “willful” violations). The longer New York deadline is usually more favorable.

For step-by-step guidance on the process, see our guide on filing a wage claim in New York.

Statute of Limitations for Wage Claims

The deadline to file a wage claim—called the statute of limitations—depends on which law you’re filing under.

New York Labor Law (Article 6): 6 years

• Applies to most state wage claims
• Minimum wage violations
• Unpaid overtime under New York law
• Illegal deductions
• Spread of hours pay
• Wage Theft Prevention Act violations

Federal Fair Labor Standards Act (FLSA): 2-3 years

• 2 years for most claims
• 3 years if violation was “willful”
• Applies to minimum wage and overtime claims under federal law

Which is better? The 6-year New York deadline is usually more advantageous because it allows you to recover wages going back further in time.

Important timing notes:

• The clock starts from each unpaid paycheck, not when you discover the violation or when employment ends
• You can potentially recover 6 years of back pay in New York
• If you wait too long, you may only be able to recover some of the unpaid wages (within the limitations period)
• The statute of limitations can be “tolled” (paused) in certain circumstances, such as when the employer actively conceals the violation

Don’t wait to file your claim. Even though you have several years, evidence gets lost, witnesses become unavailable, and memories fade. The sooner you act, the stronger your case will be.

Learn more about deadlines for different types of wage claims in our guide on statute of limitations for unpaid wages in New York.

What You Can Recover

If you successfully prove your employer violated New York wage and hour laws, you can recover several types of compensation:

Unpaid wages: The full amount your employer should have paid you but didn’t. This includes:

• Unpaid regular wages
• Unpaid overtime
• Unpaid minimum wage (the difference between what you were paid and what you should have received)
• Unpaid spread of hours premium
• Illegal deductions
• Unpaid call-in pay

Liquidated damages: Additional damages equal to the unpaid wages, essentially doubling your recovery. New York Labor Law allows liquidated damages of 100% of unpaid wages (not the 200% that some sources claim). Under federal FLSA, you can recover an additional 100% as well.

Interest: Pre-judgment interest on unpaid wages from the date they should have been paid until judgment.

Attorney’s fees and costs: If you prevail, the court typically orders the employer to pay your attorney’s fees and court costs. This is in addition to your wage recovery and means the employer bears the cost of litigation rather than reducing your recovery.

Civil penalties (WTPA cases): In cases involving Wage Theft Prevention Act violations, you may also recover civil penalties of up to $20,000 (these go to you, not the government).

Example recovery: If your employer failed to pay you $10,000 in overtime over three years:

• Unpaid wages: $10,000
• Liquidated damages: $10,000
• Interest: ~$1,500 (example)
• Attorney’s fees: $15,000 (example, paid by employer)
• Total you receive: $21,500+ (plus employer pays separate attorney’s fees)

The potential for double damages and attorney’s fees makes it financially viable for attorneys to take wage cases and provides strong incentive for employers to comply with the law.

NYC-Specific Wage Requirements

New York City has enacted additional wage and hour protections that go beyond state law:

Fair Workweek Law: Applies to fast food and retail employees in NYC:

• Employers must provide work schedules at least 14 days in advance
• “Predictability pay” required for schedule changes with less notice
• Right to decline shifts not on the written schedule
• Right to request schedule changes

Fast Food Worker Protections:

• Just cause termination protections
• Limitations on on-call scheduling
• Requirements for offering additional hours to existing employees before hiring new workers

Freelance Isn’t Free Act: Requires written contracts for freelance workers and timely payment (though this is more about independent contractors than employees).

Higher Salary Thresholds: Some NYC employers must meet higher salary thresholds for the executive and administrative exemptions than required by federal or state law.

If you work in New York City, you may have additional protections beyond what this guide covers. Consider consulting with an attorney familiar with NYC employment law if you believe your rights have been violated.

Federal vs New York Law: Which Applies?

Both federal law (the Fair Labor Standards Act) and New York wage and hour laws apply to most employees in New York. When both laws apply, you’re entitled to the protection that’s most favorable to you.

How they interact:

Key takeaways:

• New York’s minimum wage is higher than federal, so NY rate applies
• Both require overtime at 1.5x for 40+ hours per week
• New York adds protections like spread of hours and call-in pay that federal law doesn’t have
• New York’s 6-year statute of limitations is much longer than federal
• You can sometimes file claims under both laws to maximize recovery

Your attorney will typically pursue claims under whichever law provides the best outcome for your situation, or sometimes under both laws when appropriate.

Common Wage Violations in New York

Understanding the most frequent violations can help you identify if you have a claim:

1. Unpaid overtime: Employer doesn’t pay 1.5x rate for 40+ hours per week

• Common in salaried employees misclassified as exempt
• “Off the clock” work before/after shifts
• Not counting all working time (such as time spent in mandatory meetings)

2. Minimum wage violations: Paying less than the legal minimum

• Taking illegal tip credits
• Paying “under the table” below minimum wage
• Not increasing pay when minimum wage rises

3. Misclassification as exempt: Calling employees “managers” or paying salary to avoid overtime

• Giving someone a manager title but they don’t manage others
• Administrative staff doing routine work without independent judgment
• Paying salary but employee doesn’t meet duties test

4. No spread of hours pay: Failing to pay extra hour for 10+ hour workdays

• Common in split-shift situations
• Restaurant, retail, and healthcare industries
• Many employers don’t know about this requirement

5. Illegal deductions: Taking money from paychecks for non-permitted reasons

• Deducting for broken dishes, register shortages, or damaged equipment
• Charging for uniforms or required tools
• Making deductions that drop pay below minimum wage

6. Tip theft: Employers taking or mishandling employee tips

• Managers sharing in tip pools
• Keeping credit card processing fees from tips
• Misrepresenting service charges as tips

7. No call-in pay: Sending employees home without paying minimum hours

• Not paying for on-call time
• Canceling shifts without the required 4-hour minimum
• Common in industries with variable staffing

8. Final paycheck violations: Not paying all owed wages when employment ends

• Withholding final pay as “punishment”
• Not paying accrued vacation when required
• Delaying final payment beyond next regular payday

9. Off-the-clock work: Requiring work without pay

• Pre-shift preparation or post-shift cleanup
• Working through meal breaks
• Answering emails/calls outside scheduled hours
• Mandatory meetings or training without pay

10. Misclassifying employees as independent contractors: Treating workers as contractors to avoid wage protections

• No minimum wage or overtime
• No withholding of taxes
• No workers’ compensation or unemployment insurance

If any of these situations sound familiar, you may be owed back wages. Many employees don’t realize their employer is violating the law because “that’s just how things are done” at their workplace.

Explore All New York Wage and Hour Topics

This hub page provides an overview of New York wage and hour laws. For detailed information about specific topics, explore our comprehensive guides:

1. New York Minimum Wage 2025 – Regional rates, tipped minimums, fast food workers, and future increases

2. New York Overtime Laws – Who qualifies, calculation methods, exemptions, and common violations

3. Spread of Hours Pay in New York – How this unique NY rule works, calculation examples, and when it applies

4. Final Paycheck Requirements in New York – Timing rules, vacation payout, and what to do if you don’t get paid

5. Unpaid Wages in New York – Types of wage theft, your rights, and how to recover unpaid wages

6. Call-In Pay Requirements in New York – Reporting pay rules when you’re sent home early or shifts are canceled

7. Legal Wage Deductions in New York – What employers can and cannot deduct from your paycheck

8. Commissioned Employee Laws in New York – Rights of commission-based workers and common disputes

9. Statute of Limitations for Unpaid Wages – Deadlines to file wage claims under state and federal law

For broader employment law topics beyond wages and hours, visit the New York Employment Law Hub.

Legal Disclaimer: This guide provides general information about New York wage and hour laws and is not legal advice. Employment law is complex, and every situation is different. If you believe your employer has violated wage and hour laws, consider consulting with an employment attorney who can evaluate your specific circumstances and advise you on the best course of action. Nothing in this guide creates an attorney-client relationship.

The information in this guide is current as of November 2025. Wage rates, laws, and regulations change periodically. Always verify current requirements with official sources or legal counsel.