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.
Minimum Wage in New York (Effective January 1, 2025)
New York law sets higher minimum wage rates than federal law, and employers must comply with the state requirements. As of January 1, 2025:
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New York City, Long Island, Westchester County: $16.50 per hour
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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 FLSA and New York Law
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.
Hospitality Industry (effective Jan 1, 2025):
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NYC/Long Island/Westchester:
• Food service workers: $11.00 cash wage + $5.50 tip credit = $16.50
• Service employees (non-food): $13.75 cash wage + $2.75 tip credit = $16.50 -
Remainder of NYS:
• Food service workers: $10.35 cash wage + $5.15 tip credit = $15.50
• Service employees (non-food): $12.90 cash wage + $2.60 tip credit = $15.50
Call-in (reporting) pay — hospitality: When employees report to work, the required minimum pay depends on the number and length of shifts scheduled that day. Employers must pay the actual hours at the regular or overtime rate (minus any lawful tip credit) and the balance at minimum wage with no tip credit.
Unlawful Wage Deductions Under New York Law:
New York law strictly limits what employers can deduct from paychecks. A deduction is legal only if:
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You provide voluntary, written authorization; and
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The deduction is for a lawful purpose, such as insurance premiums, union dues, pension contributions, charitable donations, or repayment of a wage advance.
Employers may not deduct for: tools, uniforms, losses from breakage or shortages, or fines for mistakes or poor performance.
Protections Against Workplace 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. Employees may be entitled to reinstatement, back pay, and additional damages.
Contact Us
If your employer has failed to pay minimum wage, overtime, or has made unlawful deductions, the attorneys at Risman & Risman, P.C. can help you fight for the wages you are owed. Call us today at (212) 233-6400 or contact us online for a free consultation.
