You can recover unpaid wages, overtime, and tips in New York if you know your rights and how to enforce them. Does your employer owe you unpaid wages or overtime? Or, maybe you need information on the breaks you’re entitled to, overtime rules, or your right to tips. If so, you'll find the information you need on this site to learn what you can do in New York to get the money you have earned.
Here, we answer many common questions about wage and hour law in New York, including:
- your rights to pay and what to do if you are owed pay
- whether you are eligible for overtime pay in New York
- your right to tips in New York
- what breaks you are entitled to in New York, and
- how to file a wage claim against your employer with the New York State Department of Labor.
A few things to keep in mind as you explore this site:
1. Wage and hour laws differ from state to state.
Most states have enacted their own wage and hour regulations and procedures for employees to follow if they have been treated unfairly. These regulations and procedures vary from state to state. Start by finding out about your rights to pay in New York.
2. Some states simply adopt the federal minimum wage and overtime standards, but most states have higher standards.
The U.S. Department of Labor covers minimum wage, overtime, and other wage and hour matters. In states that have not adopted their own wage and hour regulations and procedures, your rights are set out by the U.S. Department of Labor.
The New York State Department of Labor is the agency that enforces labor laws in New York. Check there to find out more about minimum wage and overtime rules in New York.
The minimum wage in New York is $15 an hour. Because this is higher than the federal minimum wage of $7.25, employees in Upstate New York must be paid at least $15 an hour. New York City, Long Island, and Westchester County all have higher minimum wages.
Westchester County Minimum Wage
In Westchester County, the minimum wage is $15 an hour.
Check New York State Department of Labor to find out more.
3. You are entitled to certain payments when your employment ends.
Your final paycheck must include certain amounts, regardless of whether you resigned, were laid off, or were fired. Find out whether your former employer met New York’s final paycheck requirements. If you leave your job for any reason in New York, whether by your own choice or your employer's action, your employer must pay your final paycheck on or before the next regular payday.