The New York Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid.
The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer.
There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
New York Overtime Pay Laws
In the state of New York, the rules for overtime is based on hours worked in a given payroll week. Thus, time and one-half, double-time or any amount higher than agreed rate is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday.
For covered employees, the overtime rate is one and one-half times their regular, “straight-time” hourly rate of pay.
For non-residential employees, the overtime rate applies to all time over 40 hours in a payroll week.
For residential employees, overtime rate applies to all time over 44 hours in a payroll week.
Federal law does exclude some types of employees from the requirement to receive one and one-half times their regular rate of pay. These employees are called “exempt.”
Click here to learn more about the New York overtime pay laws.
New York Minimum Wage Laws
The minimum wage is currently set at $9.00 per hour and is adjusted when the federal wage rate is adjusted.
There are exceptions for youth, farmers, and workers who earn tips. People in the hospitality business who earn at least $2.25 per hour in tips may receive a minimum wage rate of $5.00 per hour.
Different rates do exist for other types of service employees. For example, the minimum wage rate for janitors in residential building is a per unit, rather than an hourly rate.
The “Wage Order” is a set of regulations that addresses the unique aspects of each industry or occupation and sets specific rates.
Click here to learn more about the New York Labor Laws.
Largest Cities in New York Providing Jobs
The ten largest cities in the State of New York provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
- New York
- Staten Island
- North Hempstead
New York Minimum Wage & Hour Law Resource
An excellent resource for information is the New York Department of Workforce Solutions.
Commonly Asked New York Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does New York have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Legal Advice For New York Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages.
We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a New York wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review.
You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.