New York Wage and Hour FAQs

New York Wage and Hour Questions

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What is the New York minimum wage?

Effective July 24, 2009, the minimum wage in New York is $7.25 per hour. Food service workers who make at least $2.55 per hour in tips may be paid a minimum wage of $4.60 per hour. Different minimum wage rates exist for other types of service workers.

Can New York employers require their workers to wear uniforms?

Yes, but the cost of buying or maintaining a uniform must not reduce the employee’s pay rate beneath the minimum wage. If employees who are paid the minimum wage must wear uniforms, the employer must cover the cost of cleaning and maintaining the uniforms. Basic clothing, such as white shirts and black dress pants, are typically not considered uniforms under New York Wage and Hour law.

Are certain employees exempt from New York minimum wage law?

Yes. The following employees are exempt from minimum wage requirements: executives and administrators who make more than $543.75 per week; professionals; outside sales people; cab drivers; government workers; part-time babysitters; in-home companions to the sick and elderly as long as their main duties do not include housework; ministers/religious order members; volunteers and apprentices; students working in non-profits; and students receiving vocational experience.

What is the New York overtime law?

Covered employees must receive time-and-a-half compensation when working overtime. For non-residential workers, overtime must be paid for hours worked in excess of 40 during a payroll week. For residential or “live-in” employees, overtime must be paid for hours worked in excess of 44 during a payroll week.

What is the maximum number of hours an employee can be required to work?

New York wage and hour law does not limit the number of hours an employee can work per day, except for workers under the age of 18. Those working in factories, hotels, restaurants, mercantile establishment or those working as superintendents, janitors, watchmen or elevator operators must receive at least 24 hours of rest during each calendar week.

Are employees entitled to meal periods?

Those working a shift of more than six hours beginning before 11 a.m. and lasting until 2 p.m. must receive an uninterrupted, 30-minute meal break during these hours. Employers are not required to pay workers for their meal periods. New York wage and hour law does not require employees to provide rest or coffee breaks. If these breaks are provided, the employer must compensate breaks which last less than 20 minutes.

Are employers required to pay their workers for sick days, holidays or vacation time?

Payment is not required for sick days, holidays or vacation days unless the employer has a written policy that states otherwise.

If an employee is fired, when should they receive their final wages?

Terminated employees must receive their final wages by the regularly scheduled payday for that pay period. Upon request, the employer can mail the worker’s final paycheck.

Can an employer make deductions from wages?

Employers can make deductions that are required by law, such as taxes. Employers are also allowed to make deductions that are authorized in writing by the employee and are for the worker’s benefit. Employers cannot make deductions for breakages, spoilage of materials or cash shortages.