New York State Overtime Labor & Pay

Understanding wage theft can be a complex issue, and sometimes it might be difficult to tell if you’re a victim. But losing out on money isn’t an option. Morgan & Morgan New York, PLLC's New York attorneys are ready to help pursue your wage and employment concerns. Here are some of the common laws in New York that might be affecting you, and how you can seek justice.

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, according to the Fair Labor Standards Act. Some workers may be exempt from overtime pay under NY overtime law. For more information about overtime laws in New York, visit the New York Department of Labor's labor standards page.

New York Minimum Wage and Meal Periods

Effective January 1, 2017, the minimum wage in New York is $9.70 per hour. This could be higher or lower depending on your location in the state.

However, the minimum wage may be modified based on a number of factors. For instance, waiters and waitresses, who make at least $1.50 per hour in tips, may receive a minimum wage of $7.50 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.

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 under certain circumstances.

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

Employer Recordkeeping Requirements

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

  • Name
  • Address
  • Social security number
  • Rate of pay
  • Hours worked per day and week
  • Deductions
  • Gross and net wages
  • Number of units produced (for piece rate workers)

Do You Think You’re a Victim of Wage Theft?

Navigating the complex channels of overtime and wage and hour law in New York can be difficult, and in a state considered very friendly to the worker, you may be entitled to more than you think. Our attorneys might be able to help you investigate and file your claim. Fill out our free, no-risk case evaluation if you think you’ve lost out.


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