New York pay rules employers often break
New York gives workers more than federal law does
The New York Labor Law and the state's wage orders add protections that federal law does not have, and they reach back six years. Many New York wage cases combine a federal overtime claim with several state claims that together add up to far more than the unpaid hours alone.
Rights under the New York Labor Law
- A pay notice when you are hired (Labor Law § 195(1)). In English and in your primary language, stating your rate, overtime rate, payday and any allowances. Missing notices can bring up to $50 a workday, capped at $5,000 (§ 198(1-b)).
- A pay statement every payday (§ 195(3)). Showing your hours, rates, deductions and gross and net pay. Missing statements can bring up to $250 a workday, capped at $5,000 (§ 198(1-d)).
- Spread of hours pay. One extra hour at the minimum wage on days when the workday spans more than ten hours, for workers covered by the wage orders.
- Call-in pay. Restaurant and hotel workers who report for a scheduled shift are generally owed pay even when they are sent home early, up to three hours in many cases.
- Uniform maintenance pay. When the employer requires a uniform and does not launder it.
- No unlawful deductions (§ 193). Employers may not take money from your pay except for a short list of permitted items.
- Timely pay (§ 191). Manual workers must generally be paid weekly. A 2025 amendment limits recovery for a first violation of the weekly pay rule, so these claims need careful review.
- Your tips are yours (§ 196-d). Owners and managers may not share in tips.
- Paid sick leave. New York State requires paid sick leave at most employers (Labor Law § 196-b), and New York City's Earned Safe and Sick Time Act provides up to 40 hours, or 56 hours at employers with 100 or more workers.
- Protection from retaliation (§ 215). Including threats to report a worker's immigration status. A court can award up to $20,000 in liquidated damages.
What a New York wage case can recover
- Unpaid minimum wage, overtime, spread of hours and call-in pay
- Liquidated damages equal to 100% of the unpaid wages
- Up to $5,000 for missing pay notices and up to $5,000 for missing pay statements
- Prejudgment interest at 9% a year
- Attorney's fees and costs
- A 15% increase if a judgment stays unpaid for 90 days after the time to appeal ends (§ 198(4))
Where claims are brought
New York wage claims can be filed with the New York State Department of Labor, in state court, or in federal court together with a claim under the Fair Labor Standards Act. The right forum depends on the amount owed, how many workers are involved and how quickly you need a result.
See also unpaid wages and overtime, nannies and domestic workers and retaliation.
Frequently asked questions
My employer never gave me a pay notice. Is that a claim?
It can be. New York requires a written notice at hiring in English and your primary language. A missing notice can bring damages of up to $50 for each workday, up to $5,000, in addition to any unpaid wages.
How far back can I go under New York law?
Six years from each violation. Federal claims reach back only two or three years, which is why New York claims are usually brought together with them.
What is spread of hours pay?
For workers covered by the state wage orders, when the time between the start and end of the workday is more than ten hours, the employer owes one extra hour of pay at the minimum wage.
Can I file with the Department of Labor instead of suing?
Yes. The New York State Department of Labor investigates wage complaints. A lawyer can help you decide whether a complaint or a lawsuit makes more sense for your situation.