Wages and pay
Workers' Rights
Wages, hours, and payment: Frequently asked questions (FAQs)
What is the current minimum wage?
If you do not normally receive tips as part of your pay, the minimum wage depends on where you work:
| Work Location | Basic minimum hourly wage | Tipped service workers* | Tipped foodservice workers* |
|---|---|---|---|
| New York City, Long Island, and Westchester | $16.50 | $13.75 cash wage $2.75 tip credit | $11.00 cash wage $5.50 tip credit |
| Remainder of New York state | $15.50 | $12.90 cash wage $2.60 tip credit | $11.00 cash wage $5.50 tip credit |
If you normally receive tips and work in the hospitality industry, you receive a specific minimum wage. Your employer may be able to pay you less than the normal minimum wage if all of the following are true:
- You regularly receive tips at your job.
- Your hourly tips and wage add up to at least the minimum wage.
- Your employer has informed you that it is paying you less than the minimum wage because you regularly receive tips.
- Your employer keeps a weekly record of the amount of tips you earn each week.
Your employer is allowed to add a certain amount of your tips to your cash wage to make up the minimum wage. This is called the tip credit.
Tips can come in the form of cash, check, credit card, and any other form of payment. The tip credit is not allowed in any jobs outside the hospitality industry. Only hospitality employers are allowed to take a tip credit from minimum wage.
What is overtime pay? Can I get it?
Overtime pay is a higher pay rate for hours you work beyond 40 in a week. New York labor law requires employers to pay one and a half times your regular rate of pay for overtime work.
For most workers, overtime is paid for time you work after you finish 40 hours in one work week. The number of hours is different for farm workers and live-in domestic workers.
Example: A worker who receives $15.50 per hour is entitled to overtime pay of $23.25 per hour (one and a half times the regular rate) for any hour they work after 40 hours in a work week.
Most workers are entitled to overtime pay, but there are some exceptions, such as workers who are in certain professions and are paid a salary.
Is there any limit on how long my employer can make me work?
There is no general legal limit on how long an employer can require adults to work, but you have the following protections:
- You are entitled to overtime pay for all hours worked after 40 in a work week.
- Factories, stores, hotels, restaurants, and some other employers are required to give you at least one full day of rest (24 hours in a row) each calendar week.
- If you are younger than 18, there are limits on how long you can work.
- If you are a certain type of worker, such as a driver, safety laws limit how many hours of work you are permitted to do.
For more information:
- New York State Department of Labor (NYSDOL): 1-888-4-NYSDOL or visit their website
- U.S. Department of Labor (DOL): 1-866-4-USWAGE or visit their website
If I receive a salary, should I still receive minimum wage and overtime?
If you work in some professions, including executive and administrative, occupations, you must receive a minimum weekly salary. But you are not entitled to overtime under New York state or federal law. If you are in a professional occupation, under New York law there is no minimum weekly salary requirement and you are not entitled to overtime.
Whenever the New York state minimum wage increases, the state’s minimum salary for these occupations also increases.
| Work location | Minimum weekly salary required as of 1/1/2025 |
|---|---|
| New York City, Long Island, or Westchester | $1,237.50 |
| Remainder of New York state | $1,161.65 |
If I am a farm worker, how much must my employer pay me?
Your employer is required to pay at least the New York state basic minimum wage based on location.
If you are a farm worker, you should also receive overtime pay for hours you work beyond your regular, standard hours:
- You should be paid at one-and-a-half times your wage for overtime.
- As of 2025, you should receive overtime for hours you work beyond 56 hours per week.
- The number of regular, standard weekly hours you work before getting overtime will decrease four hours every other year. This number will reach 40 hours in 2032.
Your employer is also required to provide at least 24 consecutive hours of rest each week.
Unless you are a seasonal worker, your employer may be able to deduct specific allowances from your wages:
| Deduction type | Allowance amount |
|---|---|
| Meal allowance | $1.70 per meal |
| Lodging and utilities: single occupancy | $18.95 per week |
| Lodging and utilities: multiple occupancy | $12.65 per week |
| Lodging and utilities: employer-furnished house or apartments for an individual | $5.00 per day |
| Lodging and utilities: employer-furnished house or apartment, for a family | $8.00 per day |
I am a fast-food worker in New York City. Can my employer change my work schedule at the last minute?
If you are a retail or fast-food worker in New York City, your employer must let you know ahead of time that they are changing your schedule. If your employer does not notify you within a certain time, they may be required to pay you a premium.
If you are a retail worker not covered by a collective bargaining agreement, your employer:
- must give you 72 hours’ advance notice of your work schedule
- cannot request you to do an on-call or call-in shift less than 72 hours before the shift starts
- cannot add a shift to your schedule with less than 72 hours’ notice without your consent
- cannot cancel a shift with less than 72 hours’ notice
If you are a fast-food worker, your employer must:
- give you 14 days’ advance notice of your work schedule
- make a good-faith estimate of your schedule
- provide you with your regular and first work schedules on or before your first day of work
- pay you a $100 premium if you close a business location and open the same location the next day
- give you premium pay for all schedule changes listed in the following chart
| Amount of pay, per change, with: | |||
|---|---|---|---|
| Type of schedule change | Less than 14 days' notice | Less than seven days' notice | Less than 24 hours' notice |
| Additional hours or shifts | $10.00 | $15.00 | $15.00 |
| Changes to shift hours, but no loss of hours | $10.00 | $15.00 | $15.00 |
| Subtraction of hours | $20.00 | $45.00 | $75.00 |
| Cancellation of shift | $20.00 | $45.00 | $75.00 |
Do I qualify as a fast-food employee?
A fast-food employee cannot be anyone who receives a salary. A fast-food employee is a person employed by, or permitted to work at or for, a fast-food establishment by any employer. The worker’s job duties include at least one of the following:
- customer service
- cooking
- food or drink preparation
- delivery
- security
- stocking supplies or equipment
- cleaning or routine maintenance
Can my fast-food employer fire me without reason or cause?
If you are a fast-food worker in New York City, your employer cannot fire you or reduce your average hours by more than 15% without a valid reason (just cause).
If your employer has an economic reason to fire employees, the employer must fire employees in reverse order of seniority. In addition, the employer and must try to rehire fired employees before hiring a new employee.
If your employer does not have just cause, you must have the opportunity to be rehired into your prior position or have your hours restored.
How can I learn more or file a complaint about fast-food or retail workers’ rights?
For more information about protections for fast-food and retail workers in New York City, visit DWCP’s page for fast-food and retail workers.
You can file a labor complaint with New York City in any of the following ways:
- Submit a complaint online – forms are available in multiple languages.
- Download a paper form, fill it out, and email it to OLPS@dca.nyc.gov.
- Call 311.
What is "split shift" or "spread shift" pay? Should I receive it?
If your hours of work are split (not consecutive), or if your shift lasts more than 10 hours, you may be entitled to one additional hour's pay for the day. This would be provided at the minimum-wage hourly rate for your location in New York.
I was required to report to work, but was sent home when I arrived. Should I be paid?
If you are required or permitted to report to work, even if you are not assigned actual work, you may be entitled to call-in pay. In most cases, restaurant or hotel workers should receive three hours’ pay at the appropriate minimum wage. Employees in other private workplaces should be paid for four hours of work at the appropriate minimum rate.
My employer wants to pay me less, or change my hours or my job. They will fire me if I do not accept. I am not in a union. I do not have an employment contract. Can they do this?
Yes. If you are not in a union and do not have an employment contract, your employer can change the conditions of employment, including salary. They can do this as long as they pay at least the minimum wage and any required overtime and continue to follow any other applicable laws.
But your employer cannot change your salary for time you have already worked. Your employer cannot change your salary or hours to punish you for exercising rights protected by labor law.
Am I legally entitled to a wage higher than the minimum wage, such as the “prevailing wage” or a “living wage?”
If you work under a contract, your employer must pay you the wage the contract calls for. The contract can be either a collective-bargaining agreement or an individual contract. Even without a contract, you may be legally entitled to a wage higher than the minimum wage, depending on the type of work and location.
One example is employees working on a public-works project, such as a construction project performed for a government or public agency. These employees may be entitled to a prevailing wage. This amount is set by either of the following:
- NYSDOL’s Bureau of Public Work
- for jobs in New York City, New York City Comptroller’s Bureau of Labor Law
Some building service workers, such as janitors, should be paid the prevailing wage when working under a contract for a government or public agency.
For more information about prevailing-wage requirements, contact:
- NYSDOL’s Bureau of Public Work, 1-800-662-1220
- for jobs in New York City, New York City Comptroller’s Bureau of Labor Law, 1-212-669-3500
In addition, certain employees working under contract with the local government may be required to receive a living wage set by local laws. Check with your local government to see if such laws apply to your employment.
How often does my employer have to pay me?
The frequency depends on your job. New York Labor Law section 191 provides general guidelines:
| Type of work | How often you must be paid |
|---|---|
| Manual worker, such as mechanic or laborer | At least once a week. No later than one week after the wages were earned |
| Commission-based salesperson | As agreed, but at least once a month. On written request, you are also entitled to a statement of earnings due |
| Other types of workers | At least twice a month, on a regular pay day stated in advance |
What protections do I have as a freelance worker or independent contractor?
If someone hires you as a freelancer or independent contractor for services totaling $800 or more, they must give you a detailed written contract and timely and full payment.
Independent contractors must be paid on or before the payment date specified in the contract. If no date is specified, then the independent contractor must be paid no later than 30 days after completing the work.
What can I do if my employer isn't paying me wages that they owe me?
You have a right to sue to collect wages. You can also submit a complaint to NYSDOL's Labor Standards Division, which has many local offices around the state. Find the nearest office at the NYSDOL’s website.
You can also submit a labor-related complaint to OAG.
Can my employer fire me for reporting violations to OAG or DOL?
No. You have the right to report violations. It is against the law for your employer to retaliate against you, or punish you in any way, for reporting violations. Employers who retaliate against workers for reporting violations are subject to all of the following, per violation:
- $20,000 penalty
- lost compensation
- up to $20,000 in damages