For 2018, the minimum wage for employees in most parts of New York is $10.40 per hour. New York is scheduled to increase the minimum wage as follows:
Employees working in New York City, Long Island, and Westchester are entitled to a higher minimum wage than other employees in the state. To find out what minimum wage you are owed, used the New York Labor Department's minimum wage calculator.
Fast food workers in New York have a special minimum wage. They must be paid at least $11.75 per hour (for 2018). The fast food minimum wage will increase each year until it reaches $15 per hour in 2021. Fast food workers in New York City are entitled to a higher rate.
The FLSA allows employers to pay a lower hourly minimum wage, as long as that wage plus the tips the employee earns adds up to at least the full minimum wage for each hour worked. If not, the employer has to make up the difference.
New York rules on tip credits are more complicated than other states. Whether a tip credit is allowed, and how much, depends on several factors, including the size of the employer, the occupation of the employee, and how much the employee earns in tips. For example, in 2018, employers may take a tip credit of $2.90 for food service employees (other than fast food workers). This means that these employees must be paid at least $7.50 per hour, and they must make at least $2.90 per hour in tips. These numbers are adjusted each year as the minimum wage increases. (For more information, see Nolo’s article Tips, Tip Pooling, and Tip Credits.)
In New York, eligible employees must receive overtime if they work more than 40 hours in a week for non-residential workers, and 44 hours in a week for residential workers. Not every type of job is eligible for overtime, however. To learn more, see Nolo’s article Overtime Pay: Your Rights as an Employee and contact the New York Department of Labor.
Yes. Employees in New York are entitled to meal breaks. For factory employees, 60 minutes between 11 a.m. and 2 p.m.; mercantile employees, 30 minutes between 11 a.m. and 2 p.m. If a shift starts before 11 a.m. and ends after 7 p.m., the employee gets an additional 20 minutes between 5 p.m. and 7 p.m. If a shift starts between 1 p.m. and 6 a.m., a factory employee gets 60 minutes and a mercantile employee gets 45 minutes, in the middle of the shift. The labor commissioner may permit a shorter meal break, and the permit must be in writing and posted conspicuously in the main entrance of the workplace.
To learn more about wage and hour laws in New York, contact the state Department of Labor.
Wage and hour laws set the basic standards for pay and time worked—covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, and so on.
The federal wage and hour law is called the Fair Labor Standards Act (FLSA). Most states also have their own wage and hour laws, and some local governments (like cities and counties) do, too. An employer who is subject to more than one law must follow the law that is most generous to the employee. For example, the federal minimum wage is currently $7.25 per hour, but employers in states that have set a higher minimum wage must pay the higher amount.
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