New York Wage and Hour Law

Overtime Law in New York

Eligible employees must receive overtime compensation (1.5 times their regular rate) when working more than 40 hours in a week. However, the overtime law in New York makes a distinction between residential and non-residential workers.

Non-residential workers: This overtime rate applies to all hours over 40 in a payroll week.

Residential employees (live-in workers): This overtime rate applies to all hours over 44 in a payroll week.

The overtime requirement is based on hours worked in a given payroll week. Overtime compensation is not warranted for hours worked over eight in a day or work performed on a weekend.

Some workers may be exempt from overtime pay under NY overtime law. For more information about overtime laws in New York, visit the NY Dept. of Labor.

NY Minimum Wage

Effective July 24, 2009, the minimum wage in New York is $7.25 per hour.

However, the minimum wage may be modified based on a number of factors. For instance, waiters and waitresses, who make at least $2.55 per hour in tips, may receive a minimum wage of $4.60 per hour. Other service workers may be subject to different rates specified within a Wage Order, which considers the different aspects of each occupation or industry.

Janitors working in residential buildings must receive a minimum wage per unit, rather than hour. The current unit rate, for residential janitors making less than $304.10 per week, is $4.80. In a payroll week, the amount paid to a piece-rate employee must average at least as much as the hourly NY minimum wage.

Meal Periods

Employees working at least a 6-hour shift (which begins before 11 a.m. and continues until 2 p.m.) must receive a 30-minute lunch period between this time frame.

Pay Rate and Payday Notices

Effective Oct. 26, 2009, employers in New York must give new hires a written notice of their pay rate and paydays. This notice must be provided before the newly hired employee performs any work.

If the worker is eligible for overtime, the notice must also include the worker's overtime rate. Most employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a given week. Certain occupations, such as professionals and farmworkers, are exempt from overtime pay.

Employers may create their own forms when creating these notices for new hires.

Final Wages

When an employer-employee relationship ends, the employer must pay the worker their final wages by the next regularly scheduled payday. Upon request, the employer can send the worker's last paycheck through the mail.

Employer Recordkeeping Requirements

New York employers must keep the following information on file for each employee:

For more information, view the New York Department of Labor Website