The Fair Labor Standards Act applies in New York, but it rarely sets the rules that actually matter. New York Labor Law covers more workers, pays them more, gives them longer to sue, and adds protections the federal statute never addresses. Where the two conflict, federal law itself says the standard more favorable to the employee wins.1Office of the Law Revision Counsel. 29 USC 218 – Relation to Other Laws For almost every wage and hour question in the state, that means New York.
Who Each Law Covers
The FLSA reaches a worker in one of two ways. Enterprise coverage applies when a business has at least two employees and annual gross sales of $500,000 or more.2Office of the Law Revision Counsel. 29 USC 203 – Definitions Individual coverage picks up workers whose jobs involve interstate commerce, which can be as ordinary as making out-of-state phone calls or handling goods that crossed state lines.3U.S. Department of Labor. Fact Sheet 14 – Coverage Under the Fair Labor Standards Act
New York Labor Law is broader. It covers nearly all employees working in the state regardless of the employer’s size or revenue. A worker at a small shop that falls below the FLSA’s $500,000 enterprise threshold is still protected by New York’s minimum wage, overtime, and recordkeeping rules. In practice, employers in the state should default to the state standard, because that is almost always the one that governs.
Minimum Wage
The federal minimum wage has sat at $7.25 per hour since 2009.4U.S. Department of Labor. State Minimum Wage Laws No employer in New York can legally pay that rate. As of January 1, 2026, the state minimum is:5New York State Department of Labor. Minimum Wage
- New York City, Long Island, and Westchester: $17.00 per hour
- Rest of New York State: $16.00 per hour
Tipped workers can be paid a lower cash wage if tips bring them up to the full minimum. For food service workers in NYC, Long Island, and Westchester, the 2026 cash wage is $11.35 with a $5.65 tip credit; elsewhere in the state, $10.70 cash with a $5.30 credit. Non-food service employees see a smaller credit: $14.15 cash in the downstate region, $13.30 upstate.6New York State Department of Labor. Minimum Wage for Tipped Workers If tips come up short in any pay period, the employer owes the difference.
Overtime
Both laws require overtime at one and one-half times the regular rate for every hour over 40 in a workweek.7New York State Department of Labor. Overtime Frequently Asked Questions A workweek is any fixed, recurring seven-day period the employer designates. It need not match the calendar week.
The regular rate is not just the hourly wage. Non-discretionary bonuses, commissions, and shift differentials get folded in before the 1.5 multiplier is applied.8U.S. Department of Labor. Fact Sheet 56A – Overview of the Regular Rate of Pay Under the Fair Labor Standards Act A worker at $20 an hour who earns a $200 production bonus during a 50-hour week does not simply get $30 for each overtime hour. The bonus spreads across all hours first, which raises the base rate before overtime is calculated. Skipping that step is one of the most common underpayments that triggers wage claims.
Exempt Employees: Where the Gap Is Widest
White-collar employees can be exempt from overtime if they satisfy both a duties test and a salary test. The duties tests under federal and state law are similar. The executive exemption requires that managing the business or a department be the employee’s primary duty, with regular direction of at least two full-time employees.9U.S. Department of Labor. Fact Sheet 17A – Exemption for Executive, Administrative, Professional, Computer and Outside Sales Employees Under the Fair Labor Standards Act The administrative exemption covers office or non-manual work directly related to business operations that requires independent judgment on significant matters. The professional exemption covers work that requires advanced knowledge in a specialized field obtained through prolonged study.
The salary numbers are what make New York diverge sharply. The federal threshold is $684 per week, or $35,568 annually. The Department of Labor tried to raise that figure in 2024, but a federal court vacated the rule and the 2019 level was restored.10U.S. Department of Labor. Earnings Thresholds for the Executive, Administrative, and Professional Exemption From Minimum Wage and Overtime Protections Under the FLSA The federal highly compensated employee threshold stayed at $107,432 per year.11U.S. Department of Labor. Fact Sheet 17H – Highly-Compensated Employees and the Part 541 Exemption Under the Fair Labor Standards Act
For 2026, New York’s minimum weekly salary to qualify as an exempt executive or administrative employee is:12New York State Department of Labor. Minimum Wage Frequently Asked Questions
- NYC, Nassau, Suffolk, and Westchester counties: $1,275.00 per week ($66,300 annually)
- Rest of New York State: $1,199.10 per week ($62,353 annually)
The gap matters. A Manhattan employer who classifies a salaried manager as exempt based on the federal $684 figure is violating New York law unless the salary reaches $1,275 per week. Both tests must be satisfied at the same time. Falling short on either one makes the employee non-exempt and entitled to overtime.
One boundary worth noting: New York did not adopt a separate state salary floor for the professional exemption. For professional employees, the federal threshold is what applies.
Protections New York Adds That the FLSA Does Not
The FLSA does not require meal breaks, rest breaks, or any premium pay for long shifts. New York fills those gaps.
Meal Breaks
Non-factory workers get a 30-minute lunch between 11:00 a.m. and 2:00 p.m. on any shift of six hours or more that spans that window. Factory workers get 60 minutes. Shifts starting between 1:00 p.m. and 6:00 a.m. that run more than six hours require a mid-shift break of 45 minutes for non-factory workers and 60 minutes for factory workers. If the workday stretches from before 11:00 a.m. to past 7:00 p.m., any worker is entitled to an additional 20-minute break between 5:00 p.m. and 7:00 p.m.
Spread of Hours
When the span between the start and end of a workday exceeds 10 hours, including unpaid breaks and gaps between shifts, the employer owes an extra hour at the applicable minimum wage. The premium is triggered by the length of the day, not the number of hours worked.13New York State Attorney General. Wages and Pay
Call-In Pay
Show up for a scheduled shift and get sent home early, and New York still requires three hours of pay at your regular rate, or the hours you were scheduled, whichever is less. Workers called in for two shifts totaling six hours or less receive at least six hours of pay. Three shifts totaling eight hours or less bring at least eight hours.
Pay Frequency
Manual workers must be paid weekly. Clerical and other workers must be paid at least twice per month.14New York State Department of Labor. Frequency of Pay Switching to monthly pay or falling behind on the schedule is itself a wage violation, even if the total eventually paid is correct.
Recordkeeping and Hire Notices
Federal law requires payroll records be kept for three years.15U.S. Department of Labor. Fact Sheet 21 – Recordkeeping Requirements Under the Fair Labor Standards Act New York requires six, including daily hours, gross wages, deductions, and signed acknowledgments of the hire notice.16New York State Senate. New York Code LAB 195 – Notice and Record-Keeping Requirements The six-year retention aligns with the six-year back-pay window in state wage claims. Employers without records for the full period are left with little to defend themselves.
The Wage Theft Prevention Act requires every new hire to receive a written notice at hiring spelling out the rate of pay, overtime rate, pay frequency, and any tip credit or allowance claimed.17New York State Department of Labor. Wage Theft and Labor Standards Law The Department of Labor publishes Form LS 54 as a compliant template for hourly employees.18New York State Department of Labor. Notice of Pay Rate Every paycheck must come with a detailed pay stub, and required labor law posters must be visible in the workplace.
Filing a Wage Claim
You can file a claim with the Division of Labor Standards without an attorney. Gather your pay stubs, any personal log of hours worked, the hire notice if you have one, and the employer’s contact information, then complete Labor Standards Complaint Form LS 223 and submit it online or by mail. The form is on the Department of Labor website or available by phone at (888) 469-7365.19New York State Department of Labor. Labor Standards Complaint Form for Individuals
If the Department confirms a violation, it can order the full unpaid wages plus liquidated damages of up to 100 percent of the amount owed. Willful violations of equal pay provisions can push liquidated damages to 300 percent.20New York State Senate. New York Code LAB 198 – Costs, Remedies A worker can also sue in court instead. In a private lawsuit, a prevailing employee can recover the underpayment, liquidated damages, reasonable attorney’s fees, and prejudgment interest. An employer who proves a good-faith belief it was complying with the law may reduce or eliminate liquidated damages, but that defense is hard to win when the violation is clear.
Six Years Versus Two or Three
Timing is the single most important variable. New York gives workers six years from the date of the violation to file, with back pay recoverable for the full six years.20New York State Senate. New York Code LAB 198 – Costs, Remedies The FLSA gives two years, or three for willful violations.21Office of the Law Revision Counsel. 29 USC 255 – Statute of Limitations For almost every worker in New York, that means filing under state law. Still, every week of delay is a week of back pay that falls off the far end of the window.
Misclassification
Calling a worker an independent contractor does not make them one. Both laws look at the actual working relationship, not the label. The federal test weighs the economic reality of the arrangement, with the degree of control the employer exercises and the worker’s genuine opportunity for profit or loss carrying the most weight. Secondary factors include the skill required, the permanence of the relationship, and whether the work is an integral part of the employer’s business. New York applies its own tests that tend to be even more protective. A worker who thinks they have been misclassified can file a complaint with the Department of Labor or pursue a wage claim for the overtime and minimum wage they should have received.
Retaliation
Firing, demoting, cutting hours, or otherwise punishing a worker for asserting wage rights is prohibited under both laws. Under the FLSA, a retaliated-against employee can file with the Wage and Hour Division or sue for reinstatement, lost wages, and liquidated damages equal to those lost wages. Federal protection covers oral and written complaints, including internal ones to the employer, and extends to former employees.22U.S. Department of Labor. Fact Sheet 77A – Prohibiting Retaliation Under the Fair Labor Standards Act
New York Labor Law Section 215 goes further, protecting employees who file complaints, cooperate with investigations, testify in proceedings, or exercise any right under the Labor Law. If the Department finds retaliation, it can impose civil penalties between $1,000 and $10,000 per violation, or up to $20,000 for repeat offenders within six years, and can order reinstatement, lost compensation, front pay, and liquidated damages up to $20,000.23New York State Senate. New York Labor Law 215 – Penalties for Retaliation Retaliation usually ends up costing an employer more than paying the original wages would have.