Overtime rules exist to prevent employees from being taken advantage of and to maintain fair working conditions. It is crucial to fully understand your rights to make sure you get paid fairly for any extra hours you work.
In New York, laws at both the state and federal level govern overtime. This article looks at the laws, regulations and common practices surrounding overtime in New York by answering common questions.
This Article Covers
Understanding Overtime in New York
- Is overtime pay mandatory in New York?
- When do I qualify for overtime pay in New York?
- How much is overtime pay in New York?
- Which laws govern overtime in New York?
Common Questions About Overtime in New York
- Do employers have to pay overtime in New York?
- Can an employee refuse to work overtime in New York?
- Can I take comp time instead of overtime pay in New York?
- Can I get overtime pay in New York without employer approval?
- Does New York have double-time pay?
- What is working ‘off-the-clock’ in New York?
- What are common ways employers avoid paying overtime in New York?
Legal Working Hours in New York
- Can you work seven days in a row in New York?
- How many ten-hour days can you work in a row in New York?
- What are full-time hours in New York?
- How many hours straight can you legally work in New York?
- Is overtime after eight hours or 40 hours in New York?
- Does working on the weekend qualify for overtime pay in New York?
- How many hours-off between shifts is required in New York?
- What does ‘hours worked’ include in New York?
- What is the most hours a salaried employee can work in New York?
- What is the maximum number of hours an hourly employee can work in New York?
Overtime Eligibility in New York
- Who is eligible for overtime pay in New York?
- Who is exempt from overtime pay in New York?
- Can salaried employees get overtime pay in New York?
Overtime Payment Calculations in New York
- What is my regular rate of pay in New York?
- How do you calculate overtime in New York?
- How is overtime taxed in New York?
Receiving Overtime Payment in New York
Violations of Overtime Law in New York
- What if my employer refuses to pay me overtime in New York?
- What is the penalty for failing to pay overtime in New York?
- How can I file a wage claim for overtime in New York?
- Can employers retaliate against employees for making a wage claim in New York?
Understanding Overtime in New York
Is overtime pay mandatory in New York?
In New York, it is mandatory for all employers covered by state or federal overtime laws to pay their workers overtime for any overtime hours worked, unless the employee is exempt. The majority of employers are covered by these laws, with only a few exemptions. One exception is for nurses. Nurses are restricted from working overtime in the majority of circumstances according to Section 167 of the New York Labor Law.
In situations where state and federal laws differ, an employer must follow the one offering greater benefits to the worker.
When do I qualify for overtime pay in New York?
Employers and employees in New York must comply with state and federal overtime provisions. According to both the Fair Labor Standards Act (FLSA) and New York State Labor Laws, overtime compensation begins for non-exempt employees after they surpass 40 hours of work in a single work week. There are no daily overtime provisions. However, some domestic or residential workers will only start receiving overtime pay for time worked over 44 hours in a workweek.
A workweek refers to a period of seven consecutive 24-hour periods and does not have to align with the calendar week. Hours cannot be added up over two or more workweeks.
In New York, working on weekends, nights, or holidays does not qualify an employee to receive overtime pay, unless overtime hours are worked during those times. However, employers can set up their own overtime policies if they wish, giving them flexibility in how they compensate employees for extra work.
How much is overtime pay in New York?
In New York, if overtime hours are worked, under federal laws, employees should be paid no less than one and a half times their regular hourly rate for each extra hour. For instance, if an employee’s standard hourly wage is $24, their overtime rate would be $32 per hour.
In New York State, the minimum wage varies depending on the area. In New York City, Long Island, and Westchester the minimum wage is $16 per hour. Therefore the minimum overtime rate is $24 per hour. In the rest of New York State, the minimum wage is $15, so the minimum overtime wage is now $22.50 per hour.
If an employee is exempt from overtime under federal law but non-exempt under state law, then they will receive the state minimum overtime wage for any overtime hours worked.
Which laws govern overtime in New York?
Both the New York State Labor Laws and the federal Fair Labor Standards Act (FLSA). govern overtime in New York. The state and federal laws tend to align, however, in cases where they differ, employers must follow the one which is more favourable to the employee.
Under the FLSA:
- Employees are entitled to overtime pay for any hours worked over 40 in a single workweek, unless they are exempt.
- Overtime pay should equate to one and a half times the regular hourly pay rate.
- There is no requirement for employees to be paid overtime for work on weekends, nights, or holidays unless overtime hours are worked.
- There are no restrictions on the number of working hours for most employees.
- Overtime operates on a weekly basis, consisting of seven consecutive 24-hour periods. This schedule may not necessarily align with the traditional calendar week and can commence on any chosen day.
- Working hours cannot be averaged over two or more workweeks.
Under New York labor laws, there are some differences:
- Some domestic or live-in workers will only start receiving overtime pay for time worked over 44 hours in a workweek.
- Nurses are not allowed to work beyond their scheduled hours except for in a few circumstances, such as a healthcare disaster, an unforeseen emergency, or a federal, state, or county declaration of emergency.
- State overtime requirements do not cover federal, state, and local government employers, although they do cover charter schools, private schools, not-for-profit organizations, and non-teachers working for school districts.
New York has also introduced a ten-hour rule by which non-exempt employees are entitled to receive an extra hour of pay at the minimum wage rate if they work more than ten hours across a workday. This includes both the work hours and any breaks or off-duty time within this period.
Further information about overtime in New York can be found in New York Overtime Laws.
Common Questions About Overtime in New York
Do employers have to pay overtime in New York?
Yes, if employers in New York are covered by either state or federal overtime regulations, then they are legally required to compensate non-exempt employees for all overtime hours worked.
Organizations are covered by the FLSA if their annual sales surpass $500,000 or if they participate in interstate commerce activities. Though some small businesses might presume they are exempt, the definition of ‘interstate commerce’ is extensive, encompassing activities like telecommunications, mail services, or handling goods bound for other states. Consequently, the FLSA applies to most employers, making exemptions from overtime rules uncommon.
Can an employee refuse to work overtime in New York?
In New York, the majority of employees are obligated to work overtime if required by their employer. This is because there are neither state nor federal laws imposing restrictions on the number of hours an employee can work per day or week. Refusal to work extra hours could lead to disciplinary action, including termination.
However, there are exceptions to this general rule. Nurses in New York are not allowed to work beyond their scheduled hours except for in a few circumstances. In addition, certain workers, such as those who work in factories, hotels, stores, and restaurants, must be given one full day of rest every calendar week. Therefore, they can refuse to work overtime on this day.
Employees cannot be forced to work overtime if this would violate their employment contract or collective bargaining agreement. Safety laws also limit the number of hours that workers in certain industries can work, like drivers. Employers must abide by these regulations.
There are also strict working hour rules for minors in New York which affect the amount of overtime they could work.
Can I take comp time instead of overtime pay in New York?
Compensatory time, commonly known as comp time, is a way that employers can compensate their employees for working additional hours instead of monetary payment. According to the FLSA, public employers in New York can give their employees paid time off instead of overtime payment. However, this is not an option for private employers. It is important to note that employees cannot be forced to receive comp time instead of overtime payment if they do not wish to.
Also, if an employer does grant comp time, it must be of equal value to the overtime pay rate. This means that employees must receive one hour and a half of paid time off for each hour of overtime worked.
Can I get overtime pay in New York without employer approval?
In New York, employees do not need to get prior approval from their employer before working overtime, and an employer cannot threaten to withhold overtime payment for this. Employees must be appropriately compensated for all work performed that the employer is aware of or should reasonably have known about.
However, employees are not allowed to deliberately mislead their employer by hiding overtime work. While prior approval may not be a requirement, employees can still face disciplinary actions for working overtime without getting permission.
Does New York have double-time pay?
No, in New York, there are no laws requiring double time pay for work performed during certain hours or days, such as weekends. Although there are no legal requirements, employers can set up double-time policies if they wish.
What is working ‘off-the-clock’ in New York?
Employees must be compensated for all the work they do. ‘Off-the-clock work’ refers to when employees perform job duties outside of their regular working hours without receiving compensation for it. Although the employer is aware of this extra work, it is not accounted for in the employee’s official workweek hours, often to avoid paying overtime compensation.
Being asked to perform work off-the-clock without pay is illegal in New York, regardless of the circumstances. This is because it violates federal wage and hour laws outlined in the FLSA. Below are some tasks which are often performed off-the-clock:
- Working during allocated meals or rest breaks.
- Pre-shift duties such as cleaning.
- Post-shift responsibilities such as closing a job site.
- Attending meetings or taking phone calls outside of working hours.
- Correcting mistakes or redoing projects outside of work hours.
What are common ways employers avoid paying overtime in New York?
Some employers may try to avoid providing proper compensation to their employees for work that should count as overtime. Others may make mistakes in calculating overtime or misunderstand the rule. In any circumstance, employees are entitled to receive back pay for their missing earnings. Here are some of the common strategies used which violate overtime laws:
- Averaging hours worked: The practice of averaging hours over multiple workweeks is illegal. Overtime must be calculated based on each individual workweek. However, some employers continue to engage in this practice to avoid paying overtime. This particularly affects employees who are paid on a bi-weekly or bi-monthly basis. For example, if an employee works 48 hours in one week, the employer might schedule them for only 32 hours the following week. Although the employee is entitled to eight hours of overtime pay from the first week, averaging hours can make it seem like they worked two standard 40-hour weeks. In this way, the employer evades their duty to pay overtime, exploiting the employee.
- Having employees work ‘off-the-clock’: Employers often ask employees to complete tasks, such as prep work or answering phone calls, outside of regular work hours without offering compensation. This practice is illegal in New York. Employers must document all tasks performed by employees and provide fair compensation.
- Misclassifying workers as exempt: In New York, salaried employees are exempt from overtime pay if they earn more than $1,200 per week in New York City, Long Island and Westchester or $1,124.20 in the rest of New York State. To avoid paying overtime rates, employers might incorrectly classify employees as salaried workers earning above this threshold, a practice that is illegal and violates state and federal regulations. Employers may also class their employees as independent contractors to avoid paying overtime.
- Improperly using comp time: Employers may provide employees with time off to prevent the need for them to work overtime hours. For example, employees could be granted the option to take Friday off if they completed a double shift on Tuesday, ensuring that their total weekly hours remain within the 40-hour threshold for standard pay.
Legal Working Hours in New York
Can you work seven days in a row in New York?
In New York, the majority of workers do not have any working hour limits, meaning they could technically work seven days in a row without violating the law.
However, there are some exceptions. New York has strict laws protecting minors. No employee under the age of 18 is allowed to work more than six days per week except for farm work, street trades, or newspaper carriers. In addition, some employees might have limitations outlined in their contract or collective bargaining agreement regarding consecutive workdays. Others may work in regulated industries subject to working hour rules. Moreover, certain workers in New York, such as those who work in factories, hotels, stores, and restaurants, must be given one full day of rest every calendar week.
If an employee must work seven days in a row, it is important they keep track of their hours to ensure they get paid extra for any hours over 40 worked in one week if they are eligible for overtime. Employees should also take note if they have worked over ten hours in a workday, including breaks, as they are entitled to an extra hour of pay at the minimum wage for all hours worked over ten hours a day. To be eligible, employees must be classed as non-exempt under the FLSA.
How many ten-hour days can you work in a row in New York?
In New York, there are very limited rules impacting the number of hours an employee can work. Therefore, most employees could work any number of ten-hour days. However, there are rules in place for those who work in factories, hotels, stores, and restaurants, requiring they take one day of rest per calendar week, so they could only work six ten-hour days in a row. In addition, New York has strict regulations for minors that prevent them from working 10-hour days: employees under the age of 18 cannot work more than eight hours a day, six days per week.
Some states have implemented unique overtime rules for employees on alternative work schedules consisting of four ten-hour shifts in a workweek. In these cases, employees are eligible for overtime pay for all hours worked over ten hours on those days. New York has not implemented this specific overtime rule. Instead, eligible employees can only receive overtime pay for all hours worked over 40 in a workweek.
However, New York has implemented a new ten-hour rule whereby non-exempt employees are entitled to an extra hour of pay at the minimum wage rate for all hours worked over ten hours in a day. This includes break time during the workday.
What are full-time hours in New York?
The federal Affordable Care Act (ACA) defines full-time and part-time work. According to the ACA, full-time employment means working 30 hours or more per week, or at least 130 hours per month. However, employees in New York may be employed full-time or part-time depending on the definitions outlined by an individual organization. Such guidelines often define full-time employment as 35-40 hours over a seven-day workweek.
How many hours straight can you legally work in New York?
In New York, there are very limited rules regarding working hours, so most employees must work the number of hours required by their employer. Provided an employee is at least 18 years old, they could technically work up to 24 hours per day. However, there are some regulations impacting the number of hours straight some people can work:
- Employees in regulated industries, such as transportation, may have rules regarding the number of consecutive hours they can work.
- Some employees have terms in their contracts or collective bargaining agreements limiting the number of hours they can work.
- Certain employees who work in factories, hotels, stores, and restaurants must be given one full day of rest per calendar week.
- No employee under 18 can work more than six days per week except farm work, street trades, or newspaper carriers. When school is not in session, those under 18 cannot work more than eight hours per day. When school is in session, minors cannot work more than four hours on a school day or eight hours on a non-school day or holiday.
Is overtime after eight hours or 40 hours in New York?
New York is not a daily overtime state, meaning that overtime does not come into play based on a daily threshold. Instead, overtime is based on a weekly threshold outlined by the FLSA and New York Labor Laws, commencing if an employee works more than 40 hours in a single workweek, unless they are exempt from overtime regulations.
In addition to overtime, New York has also introduced a ten-hour rule by which non-exempt employees are entitled to receive an extra hour of pay at the minimum wage rate if they work more than ten hours across a workday. This includes both the work hours and any breaks or off-duty time within this period.
Does working on the weekend qualify for overtime pay in New York?
No, simply working on the weekend in New York does not automatically qualify an employee to receive overtime pay. Neither state nor federal overtime regulations have special provisions for weekend work. Similarly, there are no specific rules for holidays or night shifts; overtime rules remain consistent regardless of the day of the week.
If an employee has already completed 40 hours of work before the weekend begins, any additional hours worked during the weekend will be considered overtime if the weekend falls within the same workweek.
Employers have the flexibility to start the workweek on any day, so it is crucial for employees to know their exact schedules to ensure accurate calculation of overtime earnings.
How many hours off between shifts is required in New York?
There are no rules in New York set out at the federal or state level requiring employees to have a certain amount of time off between consecutive shifts.
However, some regulated industries put limits on daily working hours or require a designated period of rest between shifts for safety reasons. Some workers may have provisions in their collective bargaining agreements or contracts that dictate time off between shifts. Additionally, certain employees who work in factories, hotels, stores, and restaurants must be given one full day of rest per calendar week.
Furthermore, there are working hour rules for minors which result in them having to take a certain amount of time off before their next shift. When school is not in session, those under 18 cannot work more than eight hours per day. When school is in session, minors cannot work more than four hours on a school day or eight hours on a non-school day or holiday.
What does ‘hours worked’ include in New York?
‘Hours worked’ includes all the time an employee must be at their workplace or on duty. In specific circumstances, activities like commuting, meal breaks, or rest breaks might be considered part of these hours worked. Both federal and state laws require employers to compensate their employees for all hours worked.
Meal breaks: In New York, there are meal break laws that apply to all private and public sector employers and employees. Meal periods are not to be counted as hours worked if the employee is relieved of all duties during this time. According to New York Labor Law Section 162:
- Non-factory workers are entitled to a 30-minute lunch break between 11 a.m. and 2 p.m. for shifts six hours or longer. For shifts longer than six hours, starting between 1:00 p.m. and 6:00 a.m., workers must be given a 45-minute meal break midway through the shift.
- Factory workers are entitled to a 60-minute lunch break between 11 a.m. and 2 p.m. In addition, if a shift lasts more than six hours, starting between 1:00 p.m. and 6:00 a.m., and is for more than six hours, workers must also be given a 60-minute meal break halfway through the shift.
- All workers are entitled to an additional 20-minute meal break between 5 p.m. and 7 p.m. for workdays starting before 11 a.m. and ending after 7 p.m.
Rest breaks: New York follows the regulations under the FLSA for rest periods:
- Employers are not legally required to give employees rest periods in New York.
- If short rest breaks of five-20 minutes are awarded, they should be classed as work time and paid.
Travel time: In New York, travel time for a normal commute is not normally considered part of an employee’s hours worked, and therefore, this time is not paid for. However, under the FLSA, travel time is included if an employee is required:
- To travel between worksites during a workday.
- To work during travel time.
- To travel on a one-day assignment away from the official workplace.
- To travel on an overnight stay during regular work hours.
- To drive based if an employer requires.
What is the most hours a salaried employee can work in New York?
In New York, employers tend to have the authority to decide the working hours for salaried employees. Typically, salaried employees do not have a set number of hours but are expected to finish all tasks as directed in their employment contract.
Regarding overtime, non-exempt salaried employees are entitled to receive overtime pay for working more than 40 hours in a workweek. However, exempt salaried employees are not covered by overtime laws and, therefore, do not receive overtime payment for working beyond the 40-hour threshold. In New York, salaried employees are exempt from overtime pay if they earn more than $1,200 per week in New York City, Long Island, and Westchester or $1,124.20 in the rest of New York State.
It is recommended for employees to maintain accurate records of their work hours. If their earnings fall below the minimum wage per hour, they may be able to file a wage claim.
What is the maximum number of hours an hourly employee can work in New York?
In New York, the majority of hourly employees can work any number of hours, so long as, if eligible, they are paid the overtime rate for each hour over 40 worked in a workweek.
However, hourly employees working in regulated industries or covered by collective bargaining agreements may be subject to daily or weekly working hour limits. Moreover, certain employees who work in factories, hotels, stores, and restaurants must be given one rest day per calendar week, limiting the total number of hours they can work in a week.
Additionally, there are specific rules in place for minors. Those under 18 years old in New York cannot work for more than eight hours a day or for more than six days in a week. These regulations restrict the number of hours a minor can work.
Overtime Eligibility in New York
Who is eligible for overtime pay in New York?
In New York, employees are categorized as either exempt or non-exempt under the federal FLSA and New York Labor Laws. Non-exempt employees are eligible for overtime pay if they work more than 40 hours in a single workweek. For some domestic or live-in workers in New York, overtime starts for hours worked over 44 in a workweek. Non-exempt employees are often paid hourly and work in roles involving manual labor or customer service.
On the other hand, exempt employees are not entitled to overtime pay, regardless of the number of hours they work in a week.
Who is exempt from overtime pay in New York?
In New York, not every employee is eligible for overtime pay. Those exempt from overtime regulations can differ according to New York Labor Laws and the federal FLSA. State overtime laws do not cover federal, state, and local government employers, although they do cover charter schools, private schools, not-for-profit organizations, and non-teachers working for school districts.
According to federal regulations, an employee might be exempt from overtime rules if they occupy an executive, administrative, or professional position. However, merely having a particular job title does not automatically exempt someone from overtime. Employees must meet criteria, which are assessed through three tests:
- The salary basis test: Exempt employees must receive a fixed salary, not dependent on their work hours. This means they are considered salaried employees rather than being paid hourly.
- The salary test: Exempt employees must earn a salary over a certain threshold. In New York, the threshold for exemption in 2024 is $1,200 per week in New York City, Long Island and Westchester or $1,124.20 in the rest of New York State.
- The duties test: Employees’ duties must mainly be administrative, professional, or executive tasks and involve the use of discretion and independent judgment.
Those exempt from overtime at both the federal and state levels include:
- Outside Salespeople
- Farm Laborers
- Certain volunteers, interns, and apprentices
- Taxi drivers
- Members of religious orders
- Camp counselors
- Part-time babysitters
- Federal, state, or municipal government employees
- Employees at certain religious or charitable organizations
A full list of federal exemptions can be found on the official US Department of Labor website.
For occupations exempt from overtime by the FLSA but still entitled to overtime under the New York Labor Laws, employees must be paid overtime at a rate of 1.5 times the state minimum wage for their overtime hours, not their regular rate of pay.
Can salaried employees get overtime pay in New York?
Yes, salaried employees can be eligible for overtime in New York if they don’t fall into the exempt from overtime category, which is common for salaried employees in white-collar jobs. The criteria for a salaried employee to be exempt from overtime are as follows:
- An employee must earn a minimum salary $1,200 per week in New York City, Long Island and Westchester or $1,124.20 per week in the rest of New York State.
- An employee must have a professional, administrative, or executive position, completing duties that require independent judgment and discretion.
If an individual on a salary does not meet all of these requirements, then they will be classed as non-exempt, meaning that they will be eligible for overtime.
Overtime Payment Calculations in New York
What is my regular rate of pay in New York?
The regular rate of pay refers to the compensation an employee receives for each hour of work. The regular rate of pay cannot be lower than the minimum wage in New York, which in 2024 is $15 in most of the state except for in New York City, Long Island, and Westchester, where it is $16 per hour. The regular rate should not include bonuses, gifts, payments in the nature of gifts on special occasions, or payments for occasional periods when no work is performed due to vacation, holidays, or illness, for example.
For hourly employees, their regular rate of pay is their hourly rate. A regular rate of pay can also be determined for those on a salary, piece-rate or commission basis:
Salaried employees:
- First, calculate the annual salary by multiplying the monthly salary by 12.
- Then divide the annual salary by 52 (the total number of weeks in a year) to find the weekly salary.
- Lastly, to calculate the regular hourly rate, divide the weekly salary by the maximum number of standard hours worked in a week (40 hours).
Piecework or commission employees:
- Divide the amount earned in a workweek by the number of hours worked.
- For group work, first calculate the group rate by dividing the total number of pieces by the number of individuals in the group. Then, multiply this rate by the number of hours worked by each individual to determine their regular rate of pay.
How do you calculate overtime in New York?
According to both the FLSA and New York Labor Laws, overtime pay should amount to 1.5 times the employee’s regular rate of pay, commonly known as ‘time and a half’. Non-exempt employees become eligible for overtime compensation when they work more than 40 hours in a workweek or 44 hours for some domestic or live-in workers.
The steps outlined below can be used to calculate the amount of overtime pay an employee is owed:
- Calculate the regular rate of pay for the employee.
- Multiply the regular rate by 1.5 to find the hourly overtime rate.
- Finally, multiply the overtime rate by the number of overtime hours worked in a workweek to determine the total amount of overtime pay owed.
It is important to remember that hours should not be averaged over two or more workweeks.
How is overtime taxed in New York?
Overtime pay is taxed the same way as normal income in New York, with no additional tax specifically for overtime. Your tax bracket determines how much tax you pay and the bracket you fall into depends on your taxable income and filing status.
If overtime earnings significantly increase your gross income, there is a possibility that you may move into a higher tax bracket. As a result, you will owe more taxes on your entire income, not just the overtime pay. It is important to understand that moving into a higher tax bracket is temporary and only impacts the specific pay period when the extra income was earned.
Receiving Overtime Payment in New York
How is overtime paid in New York?
In New York, overtime wages should be paid to an employee using the same method as regular wages. Wages can be delivered by regular pay channels, including cash, direct deposit, payroll card, or cheque, as long as the employee does not face any issues such as fees.
When do I receive my overtime paycheck in New York?
According to New York Labor Law Section 191, most workers should receive a paycheck at least twice a month on their regular payday, established in advance. Commission-based salespeople are entitled to payment as agreed upon, but this must be at least once a month. Manual workers should be paid at least once a week, no more than a week after the wages were earned.
Violations of Overtime Law in New York
What if my employer refuses to pay me overtime in New York?
In New York, if your employer fails to pay some or all of your earned overtime wages, they may be violating labor laws, specifically the Wage Theft Prevention Act (WTPA). It is usually recommended to contact your employer before taking further action, to determine if an error has been made, allowing them to correct the mistake.
If the issue remains unresolved, employees in New York can explore the following methods to reclaim missing overtime wages:
- File a wage claim with the New York Department of Labor.
- File a wage complaint with the Wage and Hour Division of the US Department of Labor (DOL).
- File a civil lawsuit against your employer for unpaid wages, penalties, and compensation for legal costs.
Under New York law there is a six-year statute of limitations on filing a wage complaint for unpaid overtime.
What is the penalty for failing to pay overtime in New York?
Employers who violate New York wage laws may face penalties and potential criminal charges. Under the WTPA, employers must pay back wages, liquidated damages, civil penalties, and legal fees or costs in some cases. First-time violations can result in penalties of up to $1,000, second-time violations up to $2,000, and so on. The WTPA allows the DOL to add up to 15% in damages to the original amount if the employer fails to pay the owed money within 90 days of the final order to comply.
Under the federal FLSA, employers could face penalties of up to $1,000 for each violation. Intentional violations of the FLSA could lead to criminal charges and fines of up to $10,000. For repeated violations, employers could face imprisonment. A deliberate violation is any action carried out on purpose, as opposed to accidentally or involuntarily.
How can I file a wage claim for overtime in New York?
In New York, an employee or former employee can file a wage claim with the New York State Department of Labor, the enforcer of New York labor laws. To file a wage complaint and recover unpaid wages, you must:
- Collect as much information and evidence as possible to attach to the wage complaint.
- Complete a Labor Standards Complaint (LS223)
- Submit the completed claim form to NYS DOL, Division of Labor Standards, Harriman State Office Campus Building 12, Room 185B, Albany, NY 12226. Or you can send the form via email to wageandstandardscomplaints@labor.ny.gov.
There is a six-year statute of limitations for filing a wage complaint in New York.
Alternatively, you can submit a wage claim to the US Department of Labor (DOL) to recover unpaid overtime wages:
- Collect as much information and evidence as possible, as it is crucial for a successful claim.
- Reach out to the DOL by completing an online form or contacting the helpline at 1-866-487-9243.
- The DOL representative assigned to your case will work with you to determine the most effective course of action.
At the federal level, there is a two-year statute of limitations for filing a wage complaint, which increases to three years if the violation was intentional.
Can employers retaliate against employees for making a wage claim in New York?
No, it is forbidden in New York for employers to retaliate against an employee for filing or threatening to file a wage claim. The FLSA states that it is illegal for any individual to discriminate against an employee in any form due to filing a complaint.
If an employee experiences retaliation, such as termination, harassment, or demotion, as a consequence of filing a claim or participating in an investigation, they have the legal entitlement to lodge a retaliation complaint with the Wage and Hour Division of the DOL. Alternatively, they have the option to independently pursue legal action to secure reinstatement, recover lost wages, and seek liquidated damages.
Employers who retaliate against employees for reporting wage violations could face a penalty of $10,000 for each violation. Employers may also have to pay $10,000 in liquidated damages per violation.
Learn more about New York Labor Laws through our detailed guide.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.