Wages & Overtime Topics
Minimum Wage & Overtime
All New York workers are entitled to receive at least an hourly minimum wage rate. The minimum wage rate varies depending on your region, and is increasing every year until it reaches $15.00/hour in all areas of the state. Most workers must receive overtime pay after working 40 hours in a work week. Overtime pay is one-and-one-half times your regular pay rate.
Note: Agricultural workers earn overtime after working 60 hours in a work week, and for any hours worked on their designated day of rest.
Available Documents:
P700 English, Arabic, Chinese, Haitian-Creole, Italian, Korean, Polish, Russian, Spanish, Yiddish
Minimum Wage & Overtime for Tipped Workers
New York State law allows employers in all industries (other than building services) to satisfy the minimum wage by combining a wage paid by the employer with tips the employee receives from customers. Only hospitality industry employers are allowed to take tip credits from minimum wage. For tipped workers, employers must pay overtime hours worked at time-and-one-half the minimum wage rate, less the applicable tip credit.
Available Documents:
P717 English, Arabic, Bengali, Chinese, Haitian-Creole, Italian, Korean, Polish, Russian, Spanish, Yiddish
Salary History Ban Law
This law prohibits employers from asking prospective or current employees about their benefit and salary history. It also prohibits businesses from relying on an applicant’s salary history information as a factor in determining whether to interview, offer employment, or in determining what salary to offer.
Available Documents:
LS604 English
LS608.1 English
Equal Pay Law
This law prohibits unequal pay based on a protected class for all substantially similar work. As an example, it is illegal for an employer to pay a woman less than a man for doing the same job solely on the basis of gender.
Available Documents:
LS603 English
LS608.2 English
Pay Notices
When you are hired, your employer must give you a pay notice which contains important information like how much and how often you will be paid, the regular payday, and any deductions from your pay. This notice must be given in a worker’s primary language if NYSDOL provides a template in that language.
Available Documents:
LS54 English, Spanish, Italian, Vietnamese, Burmese, Russian, Chinese, Haitian Creole, Polish, Yiddish, Korean
Wage Statements
You can be paid by cash or check, but you must be given a wage statement (pay stub) each time you are paid. The pay stub must contain important details including gross and net wages, deductions, hours worked, and pay rate. You must be paid on the same day of the week, every week, or every other week. Manual workers must be paid weekly, in most instances. This sample wage statement shows the basic requirements under Section 195.3 for a non-exempt employee paid by the hour.
Available Documents:
LS49 English
Wage Deductions
A summary of what employers can and can’t deduct from a worker’s wages.
Available Documents:
LS605 English
Worker Misclassification
When an employer purposefully misclassifies an employee as an independent contractor, it is fraud. Some employers use this tactic to avoid compliance with Unemployment Insurance, Workers' Compensation, Social Security, tax withholding, and minimum wage. Report fraud to NYSDOL online or call the 24-hour fraud hotline: 1(866)435-1499.
Learn more about Employer Misclassification of Workers.
Available Documents:
IA 318.14 English
IA 318.26 English
Immigrants, Refugees, and Speakers of Other Languages
Language Services
State agencies that provide direct public services are required to offer free interpretation and translation services to members of the public for vital forms and instructions. Language interpretation services are provided in more than 200 languages, including sign language. At NYSDOL, written vital documents are currently translated in Spanish, Chinese, Korean, Italian, Russian, Polish, Bengali, Arabic and Haitian Creole. Effective 7/1/2022, this will expand to include documents in French, Urdu, and Yiddish. Materials in other languages may also be available.
Available Documents:
P741 English, Bengali, Burmese, Chinese, Haitian Creole, Italian, Korean, Polish, Russian, Spanish, Swahili
Language Identification Tool English
Division of Immigrant Policies and Affairs (DIPA)
DIPA assures that the services, programs, and protections of the NYSDOL are available to all workers. This includes the growing groups of peoples who moved to New York State from other countries and those that speak languages other than English.
Available Documents:
P740 English, Arabic, Bengali, Burmese, Chinese, French, Hindi, Haitian Creole, Italian, Korean, Nepali, Polish, Russian, Spanish, Swahili, Ukrainian, Urdu, Karen, Somali
Stop Human Trafficking
Forced Labor, also known as “Human Trafficking,” is a serious crime. Labor trafficking occurs when a person uses force, fraud, or coercion to induce another to work or against their will. Trafficked people may not realize that what is happening to them is illegal and that help is available. DIPA spearheads NYSDOL’s anti-trafficking efforts.
Available Documents:
P744 English, French, Hindi, Haitian Creole, Italian, Polish, Russian, Vietnamese, Tagalog, Sinhala, Tamil, Ukrainian, Arabic, Bengali, Chinese, Korean, Spanish, Urdu
Day of Rest
Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week.
Available Documents:
LS611 English
Expressing Breast Milk in the Workplace
Under New York State law, nursing mothers are guaranteed break time to express breast milk at work. For up to three (3) years following childbirth, you have the right to take reasonable unpaid break time or to use paid break time or mealtime each day, so that you can express breast milk at work. Your employer must make reasonable efforts to provide a private location close to your work area where you can express breast milk. Your employer cannot discriminate against you based on your decision to express breast milk at work.
Governor Hochul signed new legislation on 12/9/2022 that will expand accommodations for nursing mothers in NYS workplaces. All NYS employers will be required to provide a private, convenient space for pumping breast milk that includes seating, electricity, and access to running water.
Available Documents:
Harassment and Workplace Violence
Paid Sick and Safe Leave
All private sector workers in New York State are now covered under the state’s new sick and safe leave law, regardless of industry, occupation, part-time status, overtime exempt status, and seasonal status. The law requires employers with five or more employees to provide their employees with paid sick and safe leave. Businesses with fewer than five employees and a net income of $1 million or less must provide unpaid sick and safe leave to employees.
Available Documents:
New York State Paid Sick Leave - General Information English, Bengali, Chinese, Haitian Creole, Korean, Polish, Russian, Spanish, Yiddish
Unemployment Insurance (UI)
If you worked in New York State and lose your job through no fault of your own, you may be eligible for UI. You must have enough earnings to establish a claim; be ready, willing, and able to work; actively searching for work; and documenting your work search efforts. Apply online or call 1(888)209-8124.
Available Documents:
P800 English, Spanish, Yiddish, Vietnamese, Urdu, Swahili, Punjabi, Hindi, Japanese, Burmese, Russian, Haitian Creole, Chinese, Korean, Italian, French, Polish, Arabic, Albanian, Bengali
Federal Bonding Program
Sponsored by the United States Department of Labor, the Federal Bonding Program is a hiring incentive which provides six (6) months of no-cost fidelity bonding coverage to businesses that hire eligible job seekers facing barriers to employment.
Available Documents:
P243 English
Filing a Labor Standards Complaint
Labor Standards Complaint Form
The Division of Labor Standards helps to resolve violations of New York State labor law. Submit form LS223 to claim unpaid wages, unpaid wage supplements, minimum wage or overtime violations, illegal deductions, or if your employer fails to give you the required meal period, day of rest, or your paystub.
Available Documents:
LS223 English, Italian, Korean, Polish, Russian, Yiddish, Spanish, Haitian-Creole, Bengali, Chinese
Retaliation
It is illegal for employers to discharge, penalize, or in any manner discriminate or retaliate against an employee for making a complaint about a possible labor law violation or exercising any rights protected under New York State labor law.
Available Documents:
LS740 English
P706 English, Yiddish, Spanish, Russian, Polish, Korean, Italian, Haitian Creole, Chinese, Bengali, Arabic,