The New York State minimum wage increased on December 31, 2018. In New York City, it is $13.50 per hour for businesses with 10 or fewer employees, and $15.00 per hour for businesses with 11 or more employees. In Nassau, Suffolk and Westchester counties, it is $12.00 per hour. In the remainder of the state, it is $11.10 per hour. There are different hourly rates for workers in the fast food industry and those who receive tips. These rates remain in effect until December 30, 2019. If you have questions, please review our minimum wage information page. If you need additional assistance or want to file a complaint, please call: 1-888-4-NYSDOL (1-888-469-7365).
The Labor Standards Division has a staff of investigators who enforce the New York State Minimum Wage Act. This includes four minimum wage orders and the Minimum Wage Standards for Farm Workers. These laws, with specified exceptions, apply to all workers in New York State. They also cover people who are subject to the federal Fair Labor Standards Act.
Minimum Wage Increase
The New York State minimum wage increased on December 31, 2018. In New York City, it is $13.50 per hour for businesses with 10 or fewer employees, and $15.00 per hour for businesses with 11 or more employees. In Nassau, Suffolk and Westchester counties, it is $12.00 per hour. In the remainder of the state, it is $11.10 per hour. There are different hourly rates for workers in the fast food industry and those who receive tips. These rates remain in effect until December 30, 2019.
Employers must display a Minimum Wage information poster where workers can see it.
View or print the Minimum Wage Posters, Wage Orders and Wage Summaries. You will find the links to the Posters at the top of the page. Please scroll down to find the links to the Wage Orders and Summaries.
Unpaid/Withheld Wages and Wage Supplements
The Department of Labor helps collect wages owed to workers who have not received the minimum wage, once they file a claim with us. Labor Standards investigates and endeavors to collect on claims for:
- Unpaid wages
- Withheld wages
- Illegal deductions
We also enforce the rules that forbid employers from:
- Taking illegal kickbacks from wages
- Appropriating tips
Labor Standards investigates and endeavors to collect claims for any unpaid benefits or wage supplements that the employer has agreed to provide. An employer is guilty of a misdemeanor if he or she fails to provide employees the benefits and wage supplements that were agreed upon.
Wage supplements include:
- Vacation or holiday pay
- Paid sick leave
- Reimbursement of expenses
- Other similar items
Every employer is required to notify employees in writing or by publicly posting the employer’s policy on sick leave, vacation, personal leave, holidays and hours of work.
- Section 198c of the New York State Labor Law, Benefits or Wage Supplements.
- Notice Requirements for Fringe Benefits and Hours.
Fill out the LS 223 to claim unpaid wages, wage supplements, minimum wage/overtime and various non-wage items, if your situation meets the criteria below.
- Your employer did not pay you for all hours worked (including on-the-job training).
- Your paycheck bounced due to “not sufficient funds” (NSF).
- You did not receive all of your tips.
- Your rate of pay was lowered without prior notice.
Unpaid Wage Supplements:
- Your employer promised you (verbally or in writing), but did not provide earned:
- Vacation Pay
- Holiday Pay
If your employer never promised to pay wage supplements, your employer is not required by law to pay them.
- Your employer paid you less than the current minimum wage, the fast food minimum wage, or the tipped worker minimum wage.
- Your employer did not pay an overtime rate for hours worked over 40 in one week. (Most employees must be paid time and one-half their rate of pay for more than 40 hours worked, but there are some exceptions.)
- Your employer failed to provide the required meal period, day of rest, pay stub, notice of pay, timely payment of wages, or took a negative action against you for making a complaint related to the Labor Law.
Labor Standards cannot accept every claim. Labor Standards will not accept claims if you:
- Worked outside of New York State.
- Have filed an action to recover your wages in small claims or civil court.
- Are claiming commissions from sales (please see LS 44 and LS 602.)
- Are owed wages from a government agency, town, county or city.
- Were in business for yourself, or were truly an independent contractor.
- Are owed wages from more than three years since the date you earned the wages or supplements due to you.
- Are making a claim for wages or benefits that are subject to a union’s grievance and arbitration procedure.
- Have an employer benefit policy that excludes you from collecting accrued benefits for a specific reason (e.g. quit without notice).
- Are owed a wage supplement, but 30 days have not passed since it became due.
- Worked as an executive, administrative or professional employee and earned over $900 per week.
- Performed public work (use the PW4 to make a complaint).
Labor Standards Complaint Form: (LS 223)
Information About Filing a Claim: (LS 223.2)
Submit completed claim forms to:NYS DOL
Division of Labor Standards
State Office Campus
Building 12, Room 266B Albany, NY 12240
The Division of Labor Standards ensures employers in New York State do not make illegal deductions from workers’ wages.
This includes deductions for:
- Cash shortages
- Losses to the business
- Deductions not listed in Section 193 of the Labor Law
- Charges for check replacement
- Overcharges for paid family leave premiums
Some deductions from wages, such as taxes or insurance premiums, are legal. Deductions from wages for pay advances or overpayments are only legal if they are made in accordance with Part 195.
The LS 605 provides more information on both illegal and legal deductions.
Day of Rest and Meal Periods
Nursing Mothers in the Workplace
Labor Standards enforces the rights of Nursing Mothers in the Workplace where they apply.
Mandatory Overtime for Nurses
Labor Standards enforces the regulations regarding Mandatory Overtime for Nurses.
Labor Standards enforces the law regarding Retaliation.
Labor Standards enforces Minimum Wage Order for Farm Workers.
We review the applications of entities that bring migrant farm labor into the state:
- Farm labor contractors
- Food processors
We issue certificates of registration to those who qualify.
We enforce compliance with the conditions set forth in the regulation and also issues permits to labor camp commissaries.
We enforce the restrictions on industrial homework set forth in the Industrial Homework Law and the Homework Orders.
- Permits for limited distribution of industrial homework (where authorized)
- Certificates to eligible home workers
We issue licenses to qualified applicants to operate employment agencies outside New York City. We enforce the laws and regulations that relate to their operation and the fees they may charge.