Salario mínimo en New York

The overtime requirement is based on hours worked in a given week. In general, if you have worked more than 40 hours in a pay week, and are not "exempt", you must be paid an overtime rate for all hours over 40. If you are a farm worker, you must be paid an overtime rate for all hours worked over 56 in a calendar week, and/or for any hours worked on your day of rest. See the chart below: Employees | Overtime Rate | Covered employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 40 in a payroll week | Residential employees ("live-in" workers) | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 44 in a payroll week | Farm employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over: 60 in a calendar week on or after 01/01/2020; 56 in a calendar week on or after 01/01/2024; 52 in a calendar week on or after 01/01/2026; 48 in a calendar week on or after 01/01/2028; 44 in a calendar week on or after 01/01/2030; 40 in a calendar week on or after 01/01/2032; and/or for any hours worked on day of rest.

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27 de septiembre de 2026

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Workers exempt under the FLSA still generally must receive 1.5 times the minimum wage for overtime hours under the Miscellaneous Wage Order. Farm workers have a separate phased threshold (52 hours in a calendar week from January 1, 2026, falling to 40 by 2032), per the same DOL page.

Verificado el 27 de septiembre de 2026

Employers in New York State must provide all employees time off for meals, after working a certain number of hours. In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours.

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27 de septiembre de 2026

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Labor Law § 162 has longer and additional meal periods for longer shifts and factory workers; see the DOL Meal Period Guidelines.

Verificado el 27 de septiembre de 2026

New York State Labor Law requires manual workers to be paid weekly, and clerical and other workers at least twice per month. For more detailed information, including which employees are covered by this law, please see Frequency of Pay Frequently Asked Questions. Employers who meet certain criteria may apply for permission to pay manual workers less frequently than weekly.

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27 de septiembre de 2026

Verificado el 27 de septiembre de 2026

When must terminated employees get their last check? | When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee

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27 de septiembre de 2026

Verificado el 27 de septiembre de 2026

Employees will receive an amount of sick leave depending on the size of their employer: Employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year. Employers with 5 to 99 employees must provide up to 40 hours of paid sick leave per calendar year. Employers with 4 or fewer employees and net income of greater than $1 million in the previous tax year are required to provide up to 40 hours of paid sick leave per calendar year. Employers with 4 or fewer employees and net income is $1 million or less in the previous tax year are required to provide up to 40 hours of unpaid sick leave per calendar year. For counting employees, small employers with 4 or fewer employees and who reported a net income of $1 million or less do not need to pay their employees sick leave, but must provide the additional allotted leave time. Note: “calendar year” means the 12-month period from January 1 to December 31. For other purposes, including use and accrual of leave, employers may set a calendar year to mean any 12-month period. Accruals Employees begin accruing leave on September 30, 2020. Leave must be accrued at a rate not less than one hour for every thirty hours worked.

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27 de septiembre de 2026

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New York also requires 20 hours of paid prenatal leave a year (Labor Law § 196-b, from 2025), not recorded here.

Verificado el 27 de septiembre de 2026

New York State law allows employers in the hospitality industry to satisfy the minimum wage by combining a “cash wage” paid by the employer with a credit or allowance for tips that the employee receives from customers. For example, the minimum wage for food service workers in New York City is $17.00 per hour. Their employers can satisfy the minimum wage by combining a cash wage of at least $11.35 with a tip allowance of no more than $5.65 per hour. Limitations in Hospitality Industry Employers in the hospitality industry may not take tip credits for: Days when tipped workers spend more than two hours, or twenty percent of a shift, doing non-tipped work Weeks when service employees receive tips averaging less per hour than the following: January 1, 2026 through December 31, 2026 Industry | NYC | Long Island and Westchester County | Remainder of NYS | In resort hotels | $9.55 | $9.55 | $9.00 | In restaurants and all-year hotels | $3.65 | $3.65 | $3.40 | Limitations in Other Industries No tip credit is available in the building service Industry. The tip credit is not available when weekly tips average less than the minimum amount specified for the location and size of employer. Please Note: As of December 31, 2020, tip allowances are not permitted in miscellaneous industries (all other industries except hospitality, farm workers, and building service). Employers are not permitted to keep or retain any portion of a tip that an employee receives.

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26 de septiembre de 2026

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Employers may not keep any part of an employee's tips (Labor Law § 196-d). Remainder-of-state 2026 figures are a $10.70 cash wage and a $5.30 credit for food service workers.

Verificado el 27 de septiembre de 2026

Most people are covered by the minimum wage requirements. However, some people are not. Those who are not covered include: Executives and administrators earning more than 75 times the minimum wage rate

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27 de septiembre de 2026

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The multiple applies to weekly pay (12 NYCRR 142-2.14); with 2026 minimum wages of $17.00 (NYC, Long Island, Westchester) and $16.00 (rest of state) that is about $1,275 and $1,200 a week; DOL publishes the rest-of-state figure as $1,199.10.

Verificado el 27 de septiembre de 2026

When school is not in session, and during vacations (school must close for the entire calendar week): Minors under 18 may not work more than 8 hours a day, 6 days a week Minors 14 and 15 may not work more than 40 hours a week 16 and 17 year-olds may not work more than 48 hours a week

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27 de septiembre de 2026

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School-week limits for 14- and 15-year-olds (3 hours on a school day, 18 hours a week) appear on the same DOL page; not recorded as a rule.

Verificado el 27 de septiembre de 2026

New York State Labor Law requires all employers to display a Minimum Wage Poster. However, employers in certain, specific industries have more posting responsibilities. As shown on the above website, employers "engaged in the sale or service of food or beverages" must post: A reprint of § 193, entitled, "Deductions From Wages" A reprint of § 196-d, entitled "Gratuities"

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27 de septiembre de 2026

Verificado el 27 de septiembre de 2026

To file a claim, you will need to complete a form to claim unpaid wages, wage supplements, minimum wage/overtime and various non-wage items, if your situation meets the criteria below. Unpaid Wages: Your employer did not pay you for all hours worked (including on-the-job training). Your paycheck bounced due to "not sufficient funds" (NSF). You did not receive all of your tips. Your rate of pay was lowered without prior notice. Unpaid Wage Supplements: Your employer promised you (verbally or in writing), but did not provide earned: Vacation Pay Holiday Pay Bonuses If your employer never promised to pay wage supplements, your employer is not required by law to pay them. Minimum Wage/Overtime: Your employer paid you less than the current minimum wage. Your employer did not pay an overtime rate for hours worked over 40 in one week. (Most employees must be paid time and one-half their rate of pay for more than 40 hours worked, but there are some exceptions.) Non-Wage Items: Your employer failed to provide the required meal period, day of rest, pay stub, notice of pay, timely payment of wages, or took a negative action against you for making a complaint related to the Labor Law. What's Related Filing a Claim Fact Sheet Unacceptable Claims Labor Standards cannot accept every claim. Labor Standards will not accept claims if you: Worked outside of New York State. Have filed an action to recover your wages in small claims or civil court. Are claiming commissions from sales Are owed wages from a government agency, town, county or city. Were in business for yourself, or were truly an independent contractor. Are owed wages from more than three years since the date you earned the wages or supplements due to you. Are making a claim for wages or benefits that are subject to a union's grievance and arbitration procedure. Have an employer benefit policy that excludes you from collecting accrued benefits for a specific reason (e.g. quit without notice). Are owed a wage supplement, but 30 days have not passed since it became due. Worked as an executive, administrative or professional employee and earned over $1300 per week. Effective March 13, 2024 the pay threshold increased from $900 to $1300. Performed public work Enforcement Wage theft is larceny under New York State Penal Law section 155. Failure to pay wages may result in referral to a local District Attorney for consideration for criminal prosecution. As part of Governor Hochul’s ongoing efforts to protect the paychecks of New Yorkers, her Fiscal Year 2025-2026 Enacted Budget expanded NYSDOL’s authority to place liens on employers’ properties, issue warrants, and seize financial assets for to enforce unpaid wage theft orders. These new enforcement strategies, coupled with updated procedures including the use of mediations, levies, subpoenas, and establishing strict deadlines, contributed to the wage recovery milestone. Wage Theft Investigation Data and Info Learn more about how wage theft investigations work and view comprehensive information on wage violation cases, wages returned to workers, and penalties assessed by visiting DOL's Wage Theft Hub. File a Claim Labor Standards Complaint form (LS223) Instructions about Filing a Claim (LS223.2) Labor Standards Farm Workers’ Complaint form (LS710) Farm workers should use this form to claim unpaid wages, illegal deductions, wage supplements, minimum wage, overtime, no meal period, no day of rest, etc. Letter of Representation – Complainant Representative (LS11) This form should be submitted with the LS223, LS680, LS710, LS608.1 and/or LS608.2 at the time the complaint is filed, or at any point a complainant becomes represented on a Labor Standards matter. Please submit your claim form here: Upload Or, submit completed claim forms to: NYS DOL Division of Labor Standards Harriman State Office Campus Building 12, Room 185B Albany, NY 12226

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27 de septiembre de 2026

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The 3-year limit is the DOL's intake rule; Labor Law § 198(3) allows a court action for up to six years.

Verificado el 27 de septiembre de 2026

Employers in New York State must provide certain employees with at least 24 consecutive hours of rest in any calendar week. This is referred to as a day of rest, and the Guidelines (below) provide more specific details. Employers may apply for a variance from the day of rest requirement.

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27 de septiembre de 2026

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Labor Law § 161.

Verificado el 27 de septiembre de 2026