New York State Website
    

Wage and Hour Law

MINIMUM WAGE

Labor Standards has a staff of investigators who enforce the New York State Minimum Wage Act, including four minimum wage orders and the Minimum Wage Standards for Farm Workers. These laws, with specified exceptions, apply to all workers in New York State, including those who are subject to the Federal Fair Labor Standards Act.

MINIMUM WAGE INCREASE

The New York State minimum wage is $7.25 per hour as of July 24, 2009 as a result of the increase in the federal wage rate.

Employers must display a Minimum Wage information poster in their establishment.

To view the Minimum Wage Posters, Wage Orders and Wage Summaries click here. You will find the links to the Posters at the top of the page. Please scroll down to find the links to the Wage Orders and Summaries.

 

NEW LABOR LAW - Notice of Pay Rate and Payday for New Hires

Employers must give newly-hired workers written notice of the rate at which they will be paid and their regular payday, under Section 195.1 of New York’s Labor Law. The notice must be provided on a form available from the New York State Department of Labor, and must be given to new employees before they do any work.

The written notice must also include the employee’s overtime rate of pay, if they qualify for overtime. Most employees must receive overtime pay at one-and-a-half times their regular rate of pay for all hours they work over 40 in a given week. A very few occupations are not covered by the overtime provisions of labor law, such as farm workers and professionals.

Fact Sheet - Notice of Pay Rate and Payday for New Hires - P705E

Form - Notice & Acknowledgement of Wage Rate and Designated Payday - LS 52

 

UNPAID OR WITHHELD WAGES

The Department of Labor helps collect underpayments for workers who have not received the minimum wage once they file a claim with the department. Labor Standards investigates and endeavors to collect on these claims for unpaid or withheld wages, including illegal deductions. The department also enforces the prohibition against employers taking illegal kickbacks from wages and appropriating tips.

Claim For Unpaid Wages LS 223 - Submit completed claim to:
NYS DOL
Division of Labor Standards
State Office Campus
Building 12, Room 185C
Albany, NY 12240

Commission Recap LS 223.1 - Submit completed claim to:
NYS DOL
Division of Labor Standards
State Office Campus
Building 12, Room 185C
Albany, NY 12240

WAGE SUPPLEMENTS OR FRINGE BENEFITS

Labor Standards investigates and endeavors to collect claims for any unpaid benefits or wage supplements that the employer has agreed to provide. Wage supplements include vacation or holiday pay, paid sick leave, reimbursement of expenses, and other similar items.
       Section 198c of the New York State Labor Law, Benefits or Wage Supplements.
       Notice Requirements for Fringe Benefits and Hours.

Claim For Unpaid Wage Supplements LS-425 - Submit completed claim to:
NYS DOL
Division of Labor Standards
State Office Campus
Building 12, Room 185C
Albany, NY 12240

DAY OF REST AND MEAL PERIODS

Labor Standards enforces Day of Rest regulations where they apply, and the meal periods required for all workers. These are the Meal Period Guidelines.

 

FARM LABOR

Labor Standards enforces minimum wage standards. After investigation, the department issues certificates of registration to migrant farm labor contractors, growers and food processors who bring migrant farm labor into the state. The department enforces compliance with the conditions set forth in the registration and also issues permits to labor camp commissaries.

 

INDUSTRIAL HOMEWORK

Labor Standards enforces the restrictions on industrial homework that are set forth in the Industrial Homework Law and the Homework Orders. The department issues permits for limited distribution of industrial homework, where it is authorized, along with certificates to eligible home workers.

 

EMPLOYMENT AGENCIES

Labor Standards issues licenses to qualified applicants to operate employment agencies outside New York City; it enforces the laws and regulations relating to their operation and the fees that may be charged.

Application For Employment Agency License LS - 355
Application For Renewal of Employment Agency License LS - 355.1
Application For Agency Manager Permit LS 355.2
Statements of Character LS 361

Employment Agency Law LS 390

 

TEMPORARY HELP FIRMS

Notice and Acknowledgement of Wage Rate(s) / Temporary Help Firms Pursuant to Labor Law § 195(1)

Section 195(1) of the Labor Law was amended effective October 26, 2009 to require employers to provide written notice to employees, upon hiring, of their regular and overtime rates of pay. (Laws 2009, ch 270, eff Oct 26, 2009.) Since the rates of pay at temporary help firms often vary for each assignment, the Department has prepared guidelines to assist temporary help firms in complying with the provisions of that Section. The Department has also prepared a form for temporary help firms to provide the required notice.

Guidelines for Temporary Help Firms (updated 10/23/2009)

Form - Notice and Acknowledgement of Wage Rate(s) / Temporary Help Firms (updated 10/23/2009)