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Wage and Hour Law

As of Dec. 31, 2013, New York State's minimum wage has increased to $8 per hour. If you have questions, please review our Frequently Asked Questions. If you need additional assistance or to file a complaint, please call: 1-888-4NYSDOL (469-7365).

Minimum Wage Increase

Beginning December 31, 2013, New York State’s minimum wage will increase in a series of three annual changes as follows:

$8.00 on 12/31/13

$8.75 on 12/31/14

$9.00 on 12/31/15

You can find updated posters, summary rate sheets and FAQs. Check back frequently for other updates as the increases take effect.

The Minimum Wage regulations showing proposed changes are posted on the Department of Labor’s website under Legal Updates:

Pay special attention to the “Part number” of the New York Codes, Rules and Regulations (“NYCRR”) to be sure you reference the correct document for the industry you seek: 12 NYCRR Part 141 (building service), Part 142 (miscellaneous industries), Part 143 (nonprofit) and Part 146 (hospitality).

NOTE:  Underlined items show the proposed rate changes to allowances or credits which result from the increase in the State Minimum Wage rate. No changes are proposed for rules such as recordkeeping requirements.

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Wage Theft Prevention Act (WTPA) -  Notice of Rates of Pay and Regular Payday Effective April 9, 2011

Minimum Wage

Overview

The Labor Standards Division has a staff of investigators who enforce the New York State Minimum Wage Act. This includes 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. They also cover people who are subject to the Federal Fair Labor Standards Act.

Minimum Wage Increase

Please read all of the information at the top of this page pertaining to the upcoming minimum wage increase!

The New York State minimum wage is $8.00 per hour as of  December 31, 2013.

Employers must display a Minimum Wage information poster where workers can see it.

View or print the Minimum Wage Posters, Wage Orders and Wage Summaries. 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.

Unpaid or Withheld Wages

The Department of Labor helps collect wages owed to workers who have not received the minimum wage, once they file a claim with us. Labor Standards investigates and endeavors to collect on these claims for:

  • Unpaid wages
  • Withheld wages
  • Illegal deductions

We also enforce the rules that forbid employers from:

  • Taking illegal kickbacks from wages
  • Appropriating tips

Submit completed claim forms 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.

An employer is guilty of a misdemeanor if he or she fails to provide employees the benefits and wage supplements that were agreed upon.

Wage supplements include:

  • Vacation or holiday pay
  • Paid sick leave
  • Reimbursement of expenses
  • Other similar items

Every employer is required to notify employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours of work.

Day of Rest and Meal Periods

Labor Standards enforces Day of Rest regulations where they apply.

We also enforce the Meal Period Guidelines required for all workers.

Farm Labor

Labor Standards enforces Minimum Wage standards for Farm Workers.

We review the applications of entities that bring migrant farm labor into the state:

  • Farm labor contractors
  • Growers
  • Food processors

We issue certificates of registration to those who qualify.

We enforce compliance with the conditions set forth in the registration and also issues permits to labor camp commissaries.

Industrial Homework

We enforce the restrictions on industrial homework set forth in the Industrial Homework Law and the Homework Orders.

We issue:

  • Permits for limited distribution of industrial homework (where authorized)
  • Certificates to eligible home workers

Employment Agencies

We issue licenses to qualified applicants to operate employment agencies outside New York City. We enforce the laws and regulations that relate to their operation and the fees they may charge.

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