(650) 332-8623New York Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Explore New York labor laws in 2025! Understand wages, breaks, overtime, and more with this complete guide for employers and workers in New York State.
What’s New in 2025?
New York State Meals and Breaks
30 MinutesMeal Breaks
In general, New York employers must provide at least 30 minutes off for shifts over 6 hours, but this varies by role:
- Factory Workers: 60-minute break between 11 a.m. and 2 p.m. For shifts starting between 1 p.m. and 6 a.m., a 60-minute break midway is required.
- Non-Factory Workers: 30-minute break for shifts over 6 hours during the noonday period. For shifts starting between 1 p.m. and 6 a.m., a 45-minute break midway is required,
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Additional Break: 20-minute break for workdays extending from before 11 a.m. to after 7 p.m.
24 HoursDay of Rest
New York employers must provide at least 24 consecutive hours of rest each calendar week for employees. However, this varies for different types of workers:
- All Employees: At least 24 consecutive hours of rest in each calendar week.
- Domestic Workers: 24 consecutive hours of rest each week, with a voluntary waiver for overtime compensation. After a year, they get additional 3 paid rest days annually.
- Farm Laborers: 24 consecutive hours of rest per week, with voluntary work allowed on the rest day for overtime pay. Rest may vary due to weather or crop conditions.
30 MinutesPaid Lactation Breaks
New York employers must provide 30 minutes of paid break time for employees to express breast milk. If additional time is needed, employees can use their existing break or meal time to extend the lactation break. This ensures that nursing employees have adequate time during their workday to express milk while maintaining their regular pay.
New York State Leave and Paid Time Off (PTO)
In New York, employers with 5 or more employees must provide up to 40 hours of paid sick leave per year. Employers with 100+ employees must provide up to 56 hours of paid sick leave. Employees accrue leave at a rate of 1 hour for every 30 hours worked.
The federal Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for employees to address their own serious health conditions, care for a family member, or bond with a new child. This leave is available to employees of public and private employers with 50 or more employees.
New York’s Paid Family Leave (PFL) provides up to 12 weeks of job-protected leave at 67% of the employee’s average weekly wage. It can be used for bonding with a child or caring for a family member with a serious health condition.
PFL also includes leave due to a family member’s military deployment abroad. This includes preparing for deployment, attending official military events, or handling urgent family matters related to active duty.
Paternity leave is also covered under PFL, allowing new fathers to take leave for bonding with a child through birth, adoption, or foster care.
Employees subject to a mandatory or precautionary quarantine or isolation due to COVID-19 are entitled to 5–14 days of paid sick leave, depending on the size of the employer. This law will expire on July 31, 2025.
New York’s Paid Sick and Safe Leave law provides 40–56 hours of paid safe leave depending on the employer’s size. Employees can use this leave for issues related to domestic violence, family offenses, stalking, or human trafficking.
Safe leave can be used to access services, safety planning, legal assistance, and more.
Starting January 1, 2025, New York employers must provide up to 20 hours of paid prenatal care leave per year. This leave can be used for health services related to pregnancy.
New York requires employers with more than 10 employees to provide up to 3 days of paid leave for jury duty at a rate of $40 per day. Employers with fewer than 10 employees are not required to pay for jury duty leave.
New York employees are entitled to up to 2 hours of paid leave to vote if they do not have at least 4 consecutive hours outside their work schedule to vote.
New York allows employees to take unpaid leave if they are called to testify as a witness in a criminal case or if they are the victim of a crime. This leave ensures job security during the time away for court-related obligations.
For private employees, employers with 20+ employees must provide up to 24 hours of unpaid leave for bone marrow donation.
For state employees, they are entitled to 7 days of paid leave for bone marrow donation and 30 days of paid leave for organ donation.
New York employees are entitled to employment protection during military service, including up to four years of unpaid leave for enlistment. Returning employees must be reinstated to their position or a similar one if they apply within 90 days after discharge.
Employees volunteering as firefighters and members of an ambulance service in New York are entitled to unpaid leave during declared emergencies to perform their duties. Employers must grant this leave unless it causes undue hardship to their business.
New York law requires employers who provide funeral or bereavement leave for the death of a spouse or relative to extend the same leave to an employee for the death of a same-sex committed partner or their relatives.
New York employers with 20 or more employees must provide up to 3 hours of unpaid leave per year for off-premises blood donation or allow employees to donate at least twice a year during work hours at a convenient time and place set by the employer.
New York State Wages and Overtime
$15.50/hourMinimum Wage
The minimum wage for New York State (excluding New York City, Long Island, and Westchester) was $15.00 per hour in 2024. For home care aides, however, the wage was $17.55 per hour.
In 2025, New York State’s minimum wage increases to $15.50 per hour, with home health aides entitled to a minimum wage of $18.10 in 2025.
1.5x HourlyOvertime Rate
Employees in New York must be paid 1.5 times their regular rate for hours worked over 40 in a week. Certain exceptions apply, such as mandatory overtime restrictions for nurses, except in emergencies.
$12.90 /hourMinimum Tipped Wage
Tipped workers in New York can be paid a cash wage of $12.90 per hour in 2025. Employers can apply a $2.60 tip credit to meet the required minimum wage.
Weekly or BiweeklyPay Frequency
In New York, manual workers must be paid weekly. Clerical and other workers are typically paid biweekly or semi-monthly, depending on employer policies.
In New York, the following have different minimum wages :
- New York City: Minimum wage increases to $16.00/hour on January 1, 2025.
- Long Island & Westchester County: Minimum wage rises to $16.00/hour on January 1, 2025.
The following roles are paid sub-minimum wage in New York:
- Tipped Workers:
- Service employees: $12.50–$13.35 cash wage with a tip credit of $2.50–$2.65, depending on the region.
- Food service workers: $10.00–$10.65 cash wage with a tip credit of $5.00–$5.35.
- Resort Hotel Workers: Tipped workers may be paid a cash wage of $8.40–$8.95 depending on the region, with an applicable tip credit.
- Restaurant and Year-Round Hotel Workers: Tipped workers may receive a cash wage of $3.20–$3.45 depending on the region, plus a tip credit.
Certain roles in New York are exempt from overtime pay due to the nature of their duties and salary. These exemptions apply to employees with decision-making, professional expertise, or sales roles. To qualify, they must meet both a duties test and a salary threshold.
Exempt Roles:
- Executive, Administrative, and Professional Employees
- Outside Salespeople
- Government Employees
- Farm Laborers
- Volunteers, Interns, and Apprentices
- Taxicab Drivers
- Religious Order Members
- Employees of Religious or Charitable Institutions
- Camp Counselors
- Part-time Babysitters
Salary Threshold:
Currently:
- $1,125 per week in New York City, Westchester, and Long Island
- $1,065 per week in the rest of the state
This threshold will increase in 2025 along with the minimum wage. These rules ensure compensation aligns with the state’s wage standards.
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NY Prevailing Wages
$31.06General Demolition Laborer (New York City)
General demolition laborers perform manual tasks like loading debris and cleaning up after demolition. These workers are crucial in ensuring the safe and efficient teardown of structures. In addition to the hourly wage they’re entitled to for projects in New York City, they receive $21.98 per hour in supplemental benefits, covering health, pension, and other necessary contributions.
$80.35Elevator/Escalator Constructor & Modernizer (New York City)
Elevator and escalator constructors are responsible for building, modernizing, and maintaining vertical transportation systems. With a high level of expertise required, they command a top wage in the industry. They also receive $46.37 per hour in benefits, which include health coverage, pension plans, and additional compensation, when.
Prevailing wages in New York State apply to workers on public works projects, ensuring that they receive fair compensation based on wages and benefits set for specific job classifications. The New York State Department of Labor (NYSDOL) determines these rates for different trades and occupations.
Prevailing wage laws primarily apply to construction, reconstruction, or maintenance projects that are funded by public agencies. These rates are determined on a county-by-county basis and are categorized separately for general construction (e.g., buildings, highways, and tunnels) and residential projects (e.g., one- or two-family homes and rental units). Contractors on public projects must adhere to the applicable wage rates, and penalties may be imposed for non-compliance.
New York Prevailing Wage Resources
- Prevailing Wage – New York State Department of Labor
- NYS Department of Labor – Prevailing Wages (Search)
New York Child Labor Laws
<14 Years
Laws in New York for children under 14
- Children under 14 are generally prohibited from working in most industries. However, there are exceptions for specific jobs, including:
- Newspaper carriers (age 11+)
- Child performers and models
- Casual yard work and babysitting
- Selling produce at farm stands (with parental consent)
These jobs are allowed as long as they do not involve dangerous machinery or hazardous work environments
14 – 15 Years
Laws in New York for children between 14 and 15
- Children aged 14 or 15 may work with an employment certificate in roles such as golf caddying or office work. They are restricted in their working hours during school sessions:
- No more than 3 hours on a school day
- No more than 8 hours on a non-school day
- No more than 18 hours per week during school
- No work between 7 PM and 7 AM (9 PM during summer)
Exceptions include babysitting, yard work, and volunteering in approved programs. They are prohibited from factory work, operating machinery, and working in hazardous occupations.
16 – 17 Years
Laws in New York for children between 16 and 17
- Children aged 16 and 17 may work with fewer restrictions, but they must still follow specific guidelines:
- May work up to 48 hours per week when school is not in session
- Can work between 10 PM and midnight on school nights with parental permission
- Cannot work between midnight and 6 AM when school is in session
They are prohibited from working in dangerous jobs such as:
- Demolition, roofing, or excavation
- Operating power-driven woodworking machinery
- Handling hazardous materials.
Other Essential New York Labor Laws
Health and Safety Standards in New York
In New York, workplace health and safety is overseen by the Division of Safety and Health (DOSH) within the Worker Protection Bureau. DOSH ensures compliance with state standards for private sector employers, while the Public Employee Safety and Health Bureau (PESH) oversees public sector safety under similar guidelines.
In New York, employers must…
- Implement a Safety and Health Accident Prevention Program to systematically identify and control workplace hazards.
- Ensure employees receive Right to Know (RTK) training annually on hazardous substances in the workplace.
- Provide and maintain fit-tested respirators where needed to protect against airborne contaminants.
- Keep accurate records of workplace injuries and illnesses. Private employers must maintain OSHA 300 logs, while public employers use SH 900 logs.
- Display injury and illness records annually from February 1 to April 30.
In New York, employees should…
- Participate in all required safety training programs, including hazardous materials handling and the use of personal protective equipment (PPE).
- Report any unsafe working conditions to their employer or the appropriate authorities to ensure a safe working environment.
- Follow safety guidelines and properly use the provided PPE to protect themselves from workplace hazards.
Report health and safety violations (unsafe working conditions) in New York to…
Hiring and/or Firing Employees in New York
In New York, employment is generally “at-will,” meaning either the employer or employee can terminate the relationship at any time, with or without cause, provided the reason is not illegal.
Exceptions include
- terminations that violate anti-discrimination laws,
- breach contracts, or
- retaliate against whistleblowers who report legal violations
New York is not a “Right-to-Work” state. Employees in unionized workplaces may be required to join the union or pay union fees, as unions negotiate compensation and benefits for all workers.
In New York, employers must comply with the Fair Credit Reporting Act (FCRA) and state-specific laws when conducting background checks. They must notify candidates and obtain written consent before accessing records. Employers cannot consider arrests that didn’t lead to convictions and are older than seven years, except for roles with salaries exceeding $75,000.
Drug testing is generally unregulated, but testing for marijuana is prohibited in most workplaces.
New York’s Human Rights Law prohibits discrimination in employment based on characteristics such as race, gender, age, religion, disability, and more.
Employers are required to provide reasonable accommodations for disabilities and pregnancy-related conditions, and must adhere to anti-discrimination policies to ensure fair treatment in hiring, promotion, and firing.
Anti-Discrimination Laws in New York
Employers in New York are prohibited from discriminating against job applicants or employees based on their membership in a protected class under the New York Human Rights Law and other local laws. These laws aim to ensure a fair and equitable workplace for all.
Employers in New York may not discriminate against job applicants based on…
- Race, color, or creed
- National origin
- Sex or gender identity
- Sexual orientation
- Disability or pregnancy
- Age (18 or older)
- Military status
- Arrest or conviction record
- Marital status or familial status
- Genetic characteristics
Employers are also prohibited from retaliating against employees for reporting discrimination.
Employee Resignation or Termination in New York
New York follows “at-will” employment, meaning employers can terminate employees at any time for any reason, as long as the reason is not illegal (e.g., discrimination or retaliation). Employees can also resign without providing notice, unless bound by a contract.
Employers must provide a final paycheck by the next regular payday after an employee quits or is fired. Commissions and other earned compensation must also be paid according to the terms of employment.
Unemployment Benefits in New York
Workers in New York are eligible for unemployment benefits if they…
- Have lost their job through no fault of their own
- Meet minimum earnings requirements in a specific period (base period)
- Are actively seeking work and are available to work
Workers can file a claim online at the New York State Department of Labor’s website. Benefits are generally paid within 3-6 weeks after the claim is filed, following an eligibility review
Use this website to start your application for unemployment benefits in New York:
COBRA Benefits in New York
Separated employees in New York may extend employer-provided health care coverage through COBRA, which stipulates…
- It applies to employers with 20 or more employees offering group health plans.
- Employees can continue coverage for up to 18-36 months following qualifying events such as job loss, reduction in hours, or divorce.
- Qualified beneficiaries are responsible for paying up to 102% of the premium to maintain coverage.
Final Paychecks in New York
Separated employees in New York must receive their final paychecks…
- No later than the next regular payday following termination or resignation
- In the case of commissioned employees, within five business days of termination, or as per the terms of their employment contract
- Employers are not required to pay for unused vacation time unless specified in the company’s policy.
Looking for other state-specific labor laws? Here are some of our related guides for review and comparison purposes:
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NY Recordkeeping Requirements
Employers in New York are required to maintain accurate records of employment-related documents to comply with state and federal laws. These records are essential for audits, legal compliance, and ensuring fair labor practices. The retention periods vary based on the type of record.
1 Year
Employers must retain these documents for at least one year:
- Records of any employee’s authorization for deductions must be kept for one year after their employment ends.
2 Years
Employers must retain these documents for at least two years:
- Employment certificates of minors while they are employed.
3 Years
Employers must retain these documents for at least three years:
- Wage Records, including records of hours worked, wages paid, and deductions made.
- Employment agreements for commission salespeople should be retained for three years after employment ends.
- Records regarding sick leave provided to employees.
4 Years
Employers must retain these documents for at least four years:
- Detailed payroll records including employee names, addresses, social security numbers, hours worked, gross wages, and deductions must be kept for four years.
- Records of workplace injuries requiring more than first aid for four years.
6 Years
Employers must retain these documents for at least six years:
- Wage and Hour Records, including detailed records of hours worked, gross wages earned each pay period, itemized deductions, and net wages paid.
- Signed copies of employee acknowledgments regarding pay practices must be retained.
Penalties for Labor Law Noncompliance in New York
$10,000Failure to Provide Overtime Pay
Employers must pay 1.5 times the regular rate for hours worked over 40 in a week. Failure to comply can result in fines up to $10,000 per year, along with civil penalties of $1,000 per violation under FLSA.
$5,000Wage Theft Violations
Under the Wage Theft Prevention Act, failure to provide proper wage statements and written notice of wages can lead to penalties of up to $250 per day per employee, with a maximum of $5,000 per employee in civil lawsuits.
$15,629Child Labor Violations
Violations of child labor laws can result in fines of up to $15,629 per under-18 worker. If the violation results in injury or death, penalties may be increased.
$300,000Failure to Provide EEO
Employers who engage in intentional discrimination based on protected characteristics may face compensatory and punitive damages of up to $300,000, depending on the employer’s size.
In New York, labor law violations are investigated and addressed by the following:
- New York State Department of Labor (NYSDOL): responsible for enforcing labor laws related to wages, hours worked, child labor, and workplace safety. It also investigates wage theft, overtime pay violations, and compliance with paid family leave requirements.
- Public Employee Safety and Health Bureau (PESH): enforces safety and health standards for public sector workers in New York. It ensures compliance with workplace safety laws and investigates reports of unsafe conditions.
- New York Workers’ Compensation Board: oversees workers’ compensation laws and investigates cases where employers fail to provide the required workers’ compensation insurance for their employees.
New York labor laws protect workers by providing minimum wage, overtime, breaks, and anti-discrimination measures. Employees are entitled to earn at least the state’s minimum wage, which varies by region.
Overtime must be paid for hours worked over 40 in a week at a rate of 1.5 times the regular pay.
New York also requires meal breaks for shifts over six hours and has strong protections against workplace harassment and discrimination based on age, race, gender, and other factors.
New York City’s new employment law, the “Pay Transparency Law,” requires employers to include salary ranges in job postings. This law aims to promote pay equity by ensuring transparency in compensation and preventing wage discrimination.
Employers with four or more employees are required to list the minimum and maximum salary for any open role, including promotion or transfer opportunities.
This regulation applies to job postings for both full-time and part-time positions, ensuring fair pay practices throughout the hiring process.
The 4-hour law in New York refers to the “Call-In Pay” rule under the Wage Order. If an employee is scheduled to work and reports to work but is sent home after less than 4 hours, the employer must pay the employee for at least 4 hours of work at the minimum wage.
This rule ensures that employees are fairly compensated for their time and effort when they are called into work but do not receive the expected hours due to scheduling changes or low demand.
Salaried employees in New York may be exempt from overtime pay if they meet specific criteria, including earning a minimum weekly salary and performing certain duties.
Exempt employees typically work in executive, administrative, or professional roles. To be considered exempt, employees must be paid at least $1,125 per week in 2024, perform higher-level duties, and meet other qualifications set by the Fair Labor Standards Act (FLSA).
Non-exempt salaried employees, however, are entitled to overtime pay for hours worked over 40 in a week.
Exempt employees in New York are those who are not entitled to overtime pay due to the nature of their job duties and salary. Common exemptions include employees in executive, administrative, and professional roles.
To qualify, an employee must earn at least $1,125 per week (as of 2024) and perform duties involving significant decision-making authority or specialized skills. These employees are exempt from receiving overtime pay for hours worked beyond 40 per week, provided they meet the state’s exemption criteria.
In New York, an employee is defined as an individual who works for an employer in exchange for wages or salary. This can include full-time, part-time, and temporary workers. The definition covers those engaged in manual labor, administrative roles, or professional services.
Independent contractors and freelancers who operate their own businesses and have more control over their work are generally not considered employees. Employment classification is crucial as it determines the rights and protections, such as minimum wage and overtime.
Yes, biweekly pay is legal in New York for most employees. However, the frequency of pay depends on the type of employee and their industry. For instance, manual laborers must be paid weekly under New York law, while clerical and other non-manual workers can be paid biweekly or semimonthly.
Employers must ensure timely payment within specific time frames set by the state. Biweekly pay is common, but employers should follow the regulations outlined in the New York Labor Law to avoid penalties for late or incorrect payments.
