Where People Usually Start
Wage problems are rarely a single missing paycheck. More often it is unpaid overtime spread across months, hours shaved off a timesheet, deductions that should never have been taken, or a final paycheck that never arrived — together with a concern that raising it will cost you the job.
How we can help
You work hard to bring home a paycheck and support your family. The last thing you want to deal with at work is an employer that does not provide you with your fair share of pay. All too often, employers are tempted to take advantage of their labor force by failing to pay employees according to state and federal mandatory wage and hour laws. This office assists both employees and employers in wage and hour and overtime claims.
Minimum wage in New York
New York’s minimum wage is set by the New York State Minimum Wage Act, together with several wage orders and the Minimum Wage Standards for Farm Workers. As of January 1, 2026 the rate is $17.00 per hour in New York City, Long Island and Westchester County, and $16.00 per hour in the rest of the state. From 2027 the rate is indexed to inflation. Because the figure changes on a published schedule, the New York State Department of Labor is the authority to check for the current rate.
Employers are required to comply with these requirements and are also required to post information in common workplace areas informing employees of their right to a minimum wage. With some exceptions, these wage requirements apply to all workers within the State of New York. Employers must also pay employees overtime pay, which typically consists of one and a half times their pay for each hour worked over 40 hours in a week.
New York law also requires employees to be provided with appropriate meal and rest periods. Employees must be provided with a meal period between 30 and 60 minutes, depending on the nature of their occupation, when their work shift begins, and how many hours their work shift will last. The same rules apply to rest periods, which typically must last for at least 15 minutes. There are some instances in which employees may take shorter meal periods, provided that there is no hardship to the employee and the meal period is not less than 20 minutes.
Additionally, employers are prohibited from making certain illegal deductions from an employee’s paycheck, such as taking money from an employee’s pay because he or she broke something on the job or did poorly on an assignment.
Pursuing your unpaid or withheld salary
If your employer has not paid you according to New York’s minimum wage law, you may bring a claim to recover your unpaid wages. The State Department of Labor assists workers with collecting unpaid wages from employers. Its investigators can look into the amount of unpaid wages, the amount of any withheld wages, and illegal deductions. The Department also has authority to enforce rules that prohibit an employer from taking illegal kickbacks from wages and appropriating tips.
It is illegal for an employer to retaliate against an employee who complains about an employer’s failure to adhere to the wage and hour laws. Many employers will try to coerce employees into accepting less than the amount of wages due to them according to the law, including threatening to assign them less work or threatening to terminate them if they do not stop requesting payment of their full amount of wages. If this happens to you, it may be possible to hold your employer accountable for damages.
Why this needs a lawyer
Wage and hour claims run under both New York State and federal law, which set different standards, different damages and different time limits. Claims expire. The records that prove what was worked and what was paid are usually held by the employer. Retaliation for raising a wage complaint is separately unlawful, and that is easier to establish when the complaint is documented properly from the start.
Employment Law — common questions
What is the minimum wage in New York City right now?
As of January 1, 2026 it is $17.00 per hour in New York City, Long Island and Westchester, and $16.00 per hour in the rest of the state. Beginning in 2027 the rate is tied to inflation and adjusts on a three-year average of the regional Consumer Price Index. The New York State Department of Labor publishes the current figure, and that is the authority to check rather than any law firm page.
When am I entitled to overtime?
Generally at one and a half times your regular rate for each hour worked over 40 in a week. Certain categories of employee are exempt, but job titles do not determine exemption — actual duties and how you are paid do. Being called a manager or being paid a salary does not by itself make you exempt.
What deductions can an employer legally take from my paycheck?
Only limited categories permitted by law. An employer cannot take money out of your pay because you broke something on the job or performed poorly on an assignment. Deductions of that kind are unlawful regardless of whether you signed something agreeing to them.
What meal and rest breaks am I owed?
New York requires a meal period of between 30 and 60 minutes depending on the occupation, when the shift begins, and how long it runs. Rest periods typically must last at least 15 minutes. Shorter meal periods are permitted in limited circumstances, and not less than 20 minutes.
My employer is threatening me for asking about my pay. Is that allowed?
No. Retaliating against an employee for complaining about a failure to follow wage and hour law is itself unlawful. That includes threats to cut your hours or terminate you if you keep asking to be paid what you are owed. Retaliation can give rise to a separate claim.
Do I go to the Department of Labor or to court?
Both routes exist. The New York State Department of Labor assists workers in collecting unpaid wages and can investigate unpaid or withheld wages and illegal deductions. A private action is the other path. Which makes sense depends on the amount, the employer, and how much time has passed.
How long do I have to bring a wage claim?
Wage claims are subject to statutes of limitations, and different claims under state and federal law carry different periods. Because the clock runs from when the wages were owed, delay steadily reduces how much of a claim remains recoverable. Get the dates reviewed early.
The answers above are general information about employment law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.
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