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The Federal law that regulates fair pay in the workplace is called the Fair Labor Standards Act (“FLSA”). The FLSA protects employees from employers who violate overtime and minimum wage laws. The New York State Labor Law is the state law that regulates fair pay in New York. New York and many other states have additional overtime and minimum wage laws as well. In general, where the federal and state wage laws have different requirements, employers are required to follow the rules more favorable to employees.

As of January 1, 2025, the New York State Labor Law sets the minimum wage in New York City and Nassau, Suffolk, and Westchester counties at $16.50 per hour, regardless of the employer’s size. For the remainder of the state (outside NYC, Nassau, Suffolk, and Westchester), the minimum wage is now $15.50 per hour. These rates are significantly above the federal minimum wage of $7.25 per hour. Each state has the authority to set its own minimum wage, which must be equal to or greater than the federal minimum wage.
The minimum wage in New York will continue to adjust annually, with planned increases until reaching a maximum of $17 per hour by January 1, 2026. This ensures that the minimum wage in New York will continue to rise, reflecting the commitment to provide a living wage for all workers in the state.

Generally, you must be paid “time and a half” your regular hourly rate for any time worked in excess of 40 hours in a workweek. In many instances, employers who pay some overtime fail to pay employees for all time worked. Even if you received some overtime pay, you may be entitled to additional money.

This depends on the duties your job requires you to perform. Jobs that meet certain very limited requirements are considered “exempt” from requirements. The exemptions to the law are based on job duties and certain pay requirements, not based on your job title given by your employer. The most commonly applied exemptions under the FLSA and New York State Labor Law are often referred to as the “white collar” exemptions for certain administrators, executives and professionals. You should consult one of our lawyers to discuss if you are properly classified as an “exempt” employee.

The law allows you to recover the overtime and minimum wages you should have been paid within certain timeframes. In most cases, you can also recover double the amount of wages you are owed. If you prevail in your claim, you may also be awarded attorneys’ fees and costs.

No. Any kind of retaliation against an employee for participating in a lawsuit or administrative proceeding under the FLSA and New York Labor Law is against the law. An employer cannot fire or retaliate against an employee if the employee sues for unpaid wages. An employer who “blackballs” or demotes the employee, reduces the employee’s hours, shifts, or duties, or gives false poor performance evaluations, violates the law.

Employees are not able to waive their right to overtime pay. Regardless of the terms of your employment or any agreements you may have signed, your employer is required to pay you overtime if you are not exempt under the FLSA.