New York Labor Laws

New York Minimum Wage

As of December 31, 2020, the minimum wage requirements in New York are as follows:

  • New York City: $15 per hour
  • Nassau, Suffolk, and Westchester counties: $14 per hour
  • Rest of the state: $12.50 per hour

Annual increases are planned until the entire state reaches a $15 per hour minimum wage .The state minimum wage is scheduled to increase by $0.50 per year on January 1, 2025 and January 1, 2026.

The minimum wage for fast food workers is:

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History of New York Labor Laws

Before the minimum wage rate increased to $10.50 in 2021 and $9 in 2020, it had been set at $7.50 per hour since January 1, 2009.

Municipality Minimum Wage Laws

Under state law, the minimum wage varies by municipality as noted above.

New York Minimum Wage Exemptions

 

The basic rate may change under rules known as “wage orders” that set minimum pay for jobs in:

  • The hospitality, building service and farming industries
  • All other industries and occupations

 

New York Posting Requirements

Required posters:

  • Minimum Wage
  • Fair Employment (English/Spanish)
  • Safety and Health Protection on the Job (English/Spanish)
  • Workers' Compensation (English/Spanish)
  • Human Trafficking
  • No Smoking Sign
  • Unemployment Insurance (Must be obtained from State)

Tipped Wage in New York

New York State law allows employers in the hospitality industry to satisfy the minimum wage by combining a “cash wage” paid by the employer with a credit or allowance for tips that the employee receives from customers. 

New York City for tipped service employees:

New York City for tipped food service employees:

Long Island and Westchester County for tipped service employees:

Long Island and Westchester County for tipped food service employees:

Remainder of state for tipped service employees:

Remainder of state for tipped food service employees:

Overtime Wage in New York

Employees must be paid time-and-a-half their regular rate of pay for hours worked over 40 in a workweek. 

Farm workers must be paid an overtime rate for all hours worked over 56 in a calendar week, and/or for any hours worked on a day of rest.

New York State follows the federal FLSA exclusions. However, the State still requires that most workers receive at least one and one-half times the minimum rate for their overtime hours in businesses covered by the Miscellaneous Wage Order.

 

 

Child Labor Laws in New York

 

 

During weeks when school is in session, minors 14- and 15-years-old are limited to the following hours in most occupations:

  • More than 3 hours on any school day
  • More than 8 hours on a Saturday or a non-school day
  • More than 18 hours in any week
  • More than 6 days in any week

There are some exceptions for babysitters, bridge caddies at tournaments, farm workers, newspaper carriers,, performers, models, and students enrolled in a cooperative education program.

When school is not in session, and during vacations (school must close for the entire calendar week):

  • Minors under 18 may not work more than 8 hours a day, 6 days a week
  • Minors 14 and 15 may not work more than 40 hours a week
  • 16 and 17 year-olds may not work more than 48 hours a week
Minors under 16 may not work:
  • Between 7 p.m. and 7 a.m. in most jobs after Labor Day to June 20
  • Between 9 p.m. and 7 a.m. from June 21 to Labor Day

 

Additionally, the federal Fair Labor Standards Act imposes these restrictions during the school year:

  • No more than eight hours per day on non-school days.
  • No more than 40 hours per week during non-school weeks.

Employer Recordkeeping Requirements in New York

 

 

Employers must keep payroll records showing, for each week worked by an employee:

  1. the total hours worked each day;
  2. the total hours worked each week;
  3. the rate or rates of pay and basis (by the hour, shift, day, week, salary, piece, commission or other);
  4. if paid more than one hourly rate, the number of hours worked at each rate;
  5. if paid piece rates, the number of pieces completed at each piece rate;
  6. gross wages
  7. deductions
  8. allowances or credits, if any, claimed as part of the minimum wage; and
  9. net wages.

If the employee worked overtime and is required to be paid at a higher rate for overtime hours, the payroll records must also include the four items listed below, along with the items listed above:

  1. the number of regular hours worked;
  2. the regular hourly rate or rates of pay;
  3. the number of overtime hours worked; and
  4. the overtime rates of pay.

 

 

New York Labor Law Questions & Answers

For most industries, New York does not limit the number of hours an employer can require an employee to work in a day or at specific times if the employee is over 18. However, certain industries must provide employees with at least a 24-hour break once each calendar week, preventing mandatory overtime that infringes on this day of rest. Employees can voluntarily work on their day of rest for overtime, but it cannot be required. Nurses have a special exemption from mandatory overtime beyond their scheduled hours, including pre-scheduled on-call hours.

New York has strict child labor laws that limit the hours minors can work based on their age:

  • Minors under 18: Cannot work during school hours as set by the local public school system.
  • 14 and 15-year-olds: Can work up to 3 hours on a school day, 8 hours on a non-school day, and up to 18 hours per week during school weeks. During non-school weeks, they can work up to 40 hours per week.
  • 16 and 17-year-olds: Can work up to 8 hours per day and up to 48 hours per week during non-school weeks.

New York requires employers to provide meal breaks, which can be unpaid:

  • General requirement: A 30 to 60-minute meal break for employees working at least six-hour shifts.
  • Extended shifts: An additional 20-minute meal period for employees working longer than 11 a.m. to 7 p.m.
  • Special provisions: Situations where only one employee is on duty and cannot be relieved for a meal are limited.

Yes, tip pooling is legal in New York, but there are restrictions. Directly-tipped employees cannot be forced to participate in a tip pool but may choose to do so voluntarily. If they participate, the tip pool can include both directly and indirectly tipped employees, provided they all contributed to the service.

Employers can require food service workers to participate in a tip pool and may set the percentage each worker receives. However, these tip pools can only include food service workers.

NY employers must provide sick leave to their employees as follows:

 

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