Your rights · New York
Work & wages
New York's Labor Law protects how much, how often and how you are paid, and adds paid sick leave and protections against retaliation on top of federal law. Most of it applies whatever your contract says.
Unpaid wages, overtime, final paychecks, getting fired, sick leave, pay frequency, deductions, tips, retaliation.
Your rights
What you're entitled to, who qualifies, how much and by when — each right with the section of law behind it.
- Overtime pay in New York: time and a half after 40 hours a weekMost employees in New York must be paid one and a half times their regular rate of pay for every hour worked over 40 in a workweek; live-in…
- New York minimum wage in 2026: $17 in NYC, Long Island and Westchester, $16 elsewhereIn 2026 the New York minimum wage is $17.00 an hour in New York City, Nassau, Suffolk and Westchester, and $16.00 an hour in the rest of the state…
- How often must you be paid in New York? Weekly pay for manual workers, twice a month for most othersUnder New York Labor Law § 191, manual workers (people who do physical work, such as laborers and mechanics) must be paid weekly, no later than seven…
- Paid sick leave in New York: up to 40 or 56 hours a year, plus more in New York CityEvery private employer in New York must give sick leave (Labor Law § 196-b). Employers with 5–99 employees must give up to 40 hours of paid sick…
- Paid prenatal leave in New York: 20 paid hours for pregnancy careSince January 1, 2025, every private employer in New York must give pregnant employees 20 hours of paid prenatal leave in each 52-week period, on top…
- Tips and the tip credit in New York: your tips are yours, and when a lower cash wage is allowedIn New York, no employer or manager may take or keep any part of your tips, or of a charge presented as a tip (Labor Law § 196-d). Only hospitality…
- Your right to a pay notice and pay stubs in New York (Wage Theft Prevention Act)Under Labor Law § 195, your employer must give you a written notice of your pay rate and regular payday when you're hired — in English and your…
- Whistleblower protection in New York: reporting illegal activity or safety dangers at workNew York Labor Law § 740 bars retaliation against an employee who discloses, or threatens to disclose, to a supervisor or a government body something…
- Meal breaks in New York: when you get a lunch break and whether it's paidUnder New York Labor Law § 162, most workers whose shift is more than six hours and runs through 11 a.m.–2 p.m. must get at least 30 minutes off for…
- Time off for jury duty and voting in New York: job protection and payIf you're summoned for jury duty and tell your employer before your service starts, you can't be fired or penalized for being absent (Judiciary Law §…
What to do now
Steps in order, for when it happened today.
Common situations
What the situation means, what usually decides it, and the ways to respond.
- SituationEmployer didn't pay you in New York: how to get your unpaid wages backNew York requires employers to pay all wages on regular paydays and lets you recover unpaid wages plus, in most cases, an extra 100% as liquidated…
- SituationPunished for complaining about pay or working conditions in New York: retaliation and what to doNew York Labor Law § 215 makes it illegal for an employer to fire, threaten, penalize or otherwise retaliate against you for complaining — to the…
- SituationPaid as an independent contractor but treated like an employee in New York? Misclassification explainedWhat you're called doesn't decide it. In New York, if the business controls what you do, how and when — sets your hours and pay, supervises you,…
How to do it
Step-by-step processes: forms, deadlines, fees and where to go.
Questions people ask
A short, straight answer to one question, with the source.
- QuestionWhen do you get your final paycheck in New York after quitting or being fired?Whether you quit or were fired, New York Labor Law § 191(3) requires your employer to pay your final wages no later than the regular payday for the…
- QuestionCan your employer take money out of your paycheck in New York? Legal and illegal deductionsOnly a short list of deductions is legal in New York (Labor Law § 193): those required by law, like taxes; those you authorized in writing for your…
- QuestionCan you be fired for no reason in New York? At-will employment and its limitsYes, usually. New York is an 'at-will' employment state: unless a contract or union agreement says otherwise, an employer can generally fire you at…
- QuestionAre you really exempt from overtime in New York? Salary thresholds and duties testsNot just because you're paid a salary. In New York, to be exempt from overtime as an executive or administrative employee, your actual main duties…
- QuestionDo you get paid for unused vacation when you leave a job in New York?It depends on your employer's policy. New York doesn't require employers to offer vacation, but if they promise it, earned vacation pay is a 'wage…
Calculators and checklists
Free tools: transparent calculations under the law, and lists to tick off and print.
- CalculatorNew York minimum wage and overtime calculatorEnter where you work, your hourly rate and the hours you worked in a week. The calculator applies New York's minimum wage for your region (Labor Law…
- CalculatorFinal paycheck calculator: when your last pay is due in New YorkNew York doesn't require final pay on your last day, but it does require it no later than the regular payday for the pay period in which your job…
The official sources on this topic
Every page here rests on statutes, regulations and government sites. These are the ones that come up most on this topic:
- N.Y. Labor Law(opens in a new tab)
- Unpaid/Withheld Wages and Wage Supplements — How to File a Claim(opens in a new tab)
- Wages and Hours Frequently Asked Questions(opens in a new tab)
- 29 U.S.C. § 255 — Statute of limitations (FLSA)(opens in a new tab)
- Labor Standards — NYS Department of Labor(opens in a new tab)
- File a Complaint — NYS Division of Human Rights(opens in a new tab)
When you need an answer about your own situation
These pages explain the general rules. A first answer about your own situation is free; the full check confirms every legal point against the statute it cites, and a letter is written only on top of it.