The wage and overtime attorneys at Risman & Risman, P.C. are dedicated to making sure New Yorkers receive every dollar they have earned. We handle cases involving wage theft, unpaid overtime, and unlawful deductions, and we fight aggressively to enforce employee rights.

New York law sets higher minimum wage rates than federal law, and employers must comply with the state requirements. As of January 1, 2025:

• New York City, Long Island, Westchester County: $16.50 per hour
• Remainder of New York State: $15.50 per hour

These rates will increase by 50 cents in 2025 and 2026, then will adjust annually beginning in 2027 based on the Consumer Price Index. The federal minimum wage remains $7.25 per hour, but New York employees are entitled to the higher state rate.

Overtime Pay

Under both the Fair Labor Standards Act (FLSA) and New York law, most non-exempt employees must be paid overtime at one and one-half times their regular hourly rate for all hours worked over 40 in a workweek. Overtime applies regardless of whether the extra hours fall on nights, weekends, or holidays.

Hours Worked

Hours worked include all time an employee is required to be on duty, on the employer’s premises, or performing job-related tasks — even before or after a scheduled shift.

Recordkeeping

New York Labor Law § 195 requires employers to maintain true and accurate payroll records, including hours worked and wages paid, for at least six years. Employers covered by the FLSA must also post the official “Employee Rights Under the FLSA” notice where employees can readily see it.

Wage Orders for Specific Industries

The New York Department of Labor has issued special wage orders for certain industries, including hospitality, building services, and retail. These rules govern minimum wage, overtime, tip credits, and allowances.

Unlawful Wage Deductions

New York law strictly limits what employers can deduct from paychecks. A deduction is legal only if you provide voluntary, written authorization and the deduction is for a lawful purpose such as insurance premiums, union dues, or pension contributions. Employers may not deduct for tools, uniforms, losses from breakage, or fines for mistakes.

Protections Against Retaliation

It is illegal for an employer to retaliate against you for asserting your rights. This includes filing a wage or overtime claim, participating in an investigation, or complaining to your employer about unpaid wages. Retaliation can include firing, demotion, cutting hours, or other adverse actions.