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State Overtime Laws

New York Wage and Hour Law

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New York Meal Break, Record Keeping, Final Paycheck Laws

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Meal Periods: Employees working more than six hours beginning before 11 a.m. and continuing until 2 p.m. must receive a 30-minute, uninterrupted meal period.

Final Wages: Employees who are fired must receive their final paycheck by the next regularly scheduled payday. Workers can request to have their final paychecks mailed.

Recordkeeping: Employers are required to keep records for every employee. These records should contain the following information:

  • Name
  • Address
  • Social security number
  • Pay rate
  • Hours worked per day and week
  • Gross wages
  • Net wages
  • Deductions from earnings
  • Arrival and departure times for those working a split shift or spread of more than ten hours
  • Number of units made daily and weekly by piece rate employees

New Hire Notices: Beginning Oct. 26, 2009, newly-hired employees in New York should receive a written notice of their pay rate and payday before performing work. If the employee qualifies for overtime, their overtime pay rate must also be provided in the notice. No particular form is required for these notices.