For most industries, New York does not limit the number of hours an employer can require an employee to work in a day or at specific times if the employee is over 18. However, certain industries must provide employees with at least a 24-hour break once each calendar week, preventing mandatory overtime that infringes on this day of rest. Employees can voluntarily work on their day of rest for overtime, but it cannot be required. Nurses have a special exemption from mandatory overtime beyond their scheduled hours, including pre-scheduled on-call hours.
New York Labor Laws
New York Minimum Wage
As of December 31, 2020, the minimum wage requirements in New York are as follows:
- New York City: $15 per hour
- Nassau, Suffolk, and Westchester counties: $14 per hour
- Rest of the state: $12.50 per hour
Annual increases are planned until the entire state reaches a $15 per hour minimum wage.
New York Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of New York Labor Laws
Before the minimum wage rate increased to $10.50 in 2021 and $9 in 2020, it had been set at $7.50 per hour since January 1, 2009.
Municipality Minimum Wage Laws
Five municipalities in New Mexico have established their own minimum wage rates, which may differ from the state rate. Here are the 2021 rates for these locations:
- Albuquerque: $10.50 per hour (if no benefits, or benefits are under $2,500) and $9.50 per hour (if benefits are equal to or exceed $2,500)
- Bernalillo County: $9.35 per hour
- Las Cruces: $10.50 per hour
- Santa Fe (city): $12.10 per hour (effective until March 1, 2021)
- Santa Fe County: $12.10 per hour (effective until March 1, 2021)
New York Minimum Wage Exemptions
Here are the individuals exempt from the New Mexico Minimum Wage Act:
- Individuals employed in domestic service in or about a private home
- Individuals employed in a bona fide executive, administrative, or professional capacity, including forepersons, superintendents, and supervisors
- Individuals employed by the United States, the state, or any political subdivision of the state
- Individuals engaged in activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not exist or where services are rendered on a voluntary basis
- Salespersons or employees compensated on a piecework, flat rate, or commission basis
- Students regularly enrolled in primary or secondary schools working after school hours or during vacations
- Registered apprentices and learners as provided by law
- Persons 18 years of age or under who are not students in a primary, secondary, vocational, or training school
- Persons 18 years of age or under who are not graduates of a secondary school
- G.I. bill trainees while under training
- Seasonal employees of an employer holding a valid certificate issued annually by the director of the labor relations division of the workforce solutions department
- Employees employed in agriculture
- Employees engaged in the handling, drying, packing, packaging, processing, freezing, or canning of any agricultural or horticultural commodity in its unmanufactured state
- Employees of charitable, religious, or nonprofit organizations who reside on the premises of group homes operated by such organizations for persons with mental, emotional, or developmental disabilities
New York Posting Requirements
Required posters:
- Minimum Wage
- Fair Employment (English/Spanish)
- Safety and Health Protection on the Job (English/Spanish)
- Workers' Compensation (English/Spanish)
- Human Trafficking
- No Smoking Sign
- Unemployment Insurance (Must be obtained from State)
Tipped Wage in New York
Effective January 1, 2021, employers in New Mexico can pay tipped employees $2.55 per hour. However, if the employee’s total earnings, including tips, do not reach at least $10.50 per hour, the employer must make up the difference.
Overtime Wage in New York
Employees must be paid time-and-a-half their regular rate of pay for hours worked over 40 in a workweek.
According to the New Mexico Minimum Wage Act, employees who are exempt from minimum wage are also exempt from overtime. Additional exemptions apply to:
- Employers of workers engaged in the ginning of cotton for market
- Employers of workers engaged in agriculture
- Certain employers subject to the federal Railway Labor Act
Child Labor Laws in New York
The New Mexico Child Labor Act restricts work hours for 14 and 15-year-olds as follows:
- Not before 7 a.m. or after 7 p.m. during the school year.
- Not before 7 a.m. or after 9 p.m. outside the school year.
- Not during school hours, except for work experience and career exploration programs.
- No more than three hours per day on school days.
- No more than 18 hours per week during school weeks.
Additionally, the federal Fair Labor Standards Act imposes these restrictions during the school year:
- No more than eight hours per day on non-school days.
- No more than 40 hours per week during non-school weeks.
Employer Recordkeeping Requirements in New York
Employers must maintain true and accurate records of each employee’s hours worked and wages paid for at least one year after the entry is made.
New York Labor Law Questions & Answers
New York has strict child labor laws that limit the hours minors can work based on their age:
- Minors under 18: Cannot work during school hours as set by the local public school system.
- 14 and 15-year-olds: Can work up to 3 hours on a school day, 8 hours on a non-school day, and up to 18 hours per week during school weeks. During non-school weeks, they can work up to 40 hours per week.
- 16 and 17-year-olds: Can work up to 8 hours per day and up to 48 hours per week during non-school weeks.
New York requires employers to provide meal breaks, which can be unpaid:
- General requirement: A 30 to 60-minute meal break for employees working at least six-hour shifts.
- Extended shifts: An additional 20-minute meal period for employees working longer than 11 a.m. to 7 p.m.
- Special provisions: Situations where only one employee is on duty and cannot be relieved for a meal are limited.
Yes, tip pooling is legal in New York, but there are restrictions. Directly-tipped employees cannot be forced to participate in a tip pool but may choose to do so voluntarily. If they participate, the tip pool can include both directly and indirectly tipped employees, provided they all contributed to the service.
Employers can require food service workers to participate in a tip pool and may set the percentage each worker receives. However, these tip pools can only include food service workers.
New York State does not mandate sick days, but New York City does in certain cases. Sick days must be accrued at a rate of at least one hour per 30 hours worked, up to a minimum of 40 hours per year.
- Employers with four or fewer employees are not required to provide paid sick days.
- Employers with five or more employees must provide paid sick days.
The sick days law applies to most workers of New York City employers, as well as employers outside New York City whose employees work in the city for a certain amount of time per year (including making deliveries). This includes full-time, part-time, temporary, per diem, transitional jobs program, and undocumented workers.
New York Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.