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Wage and Hour Law

The New York State minimum wage increased on December 31, 2016. In New York City, it is $10.50 per hour for businesses with 10 or fewer employees, and $11.00 per hour for businesses with 11 or more employees. In Nassau, Suffolk and Westchester counties, it is $10.00 per hour. In the remainder of the state, it is $9.70 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, 2017. 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).

See the updated posters, summary rate sheets and FAQs.

Wage Theft Prevention Act (WTPA) - Notice of Rates of Pay and Regular Payday Effective April 9, 2011

Minimum Wage


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

Please read all of the information at the top of this page pertaining to the upcoming minimum wage increase!

The New York State minimum wage is $9.70 per hour as of December 31, 2016.

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 or Wage Supplements/Fringe Benefits

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 these 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.

Fill out the LS 223 to claim unpaid wages if your employer...

  • didn't pay you for all hours worked
  • didn't pay you for training
  • gave you a check you couldn't cash
  • kept some, or all of your tips
  • deducted wages other than federal or state taxes,
  • charged you for damages, tickets, or being late
  • lowered your rate of pay without telling you first
  • paid you less than the current minimum wage rate
  • paid you the incorrect minimum wage for tipped employees
  • owes you for uniform, spread of hours, or call in pay
  • didn't pay you overtime for more than 40 hours worked in the payroll week

Fill out the LS 425 to claim unpaid wage supplements if your employer promised you (verbally or in writing) and didn't pay you...

  • vacation pay
  • sick pay
  • expenses
  • holiday pay
  • bonus pay
  • reimbursement for medical bills

Do not fill out the LS 223 or LS 425 to file a claim because you are not covered if ...

  • You worked outside of New York State
  • You have filed an action to recover your wages in small claims or civil court
  • You are a commission salesperson (please see LS 44 and LS 602)
  • You worked as an executive, administrative, or professional employee and you earned over $900 per week
  • You were in business for yourself, or were truly an independent contractor
  • It has been more than three years since the wages or supplements are owed
  • Your union filed a grievance to collect the wages or benefits for you
  • Your employer's fringe benefit policy excludes you from collecting accrued benefits for a specific reason (e.g. quit without notice)
  • 30 days have not passed since the wage supplements are owed to you

Claim For Unpaid Wages (LS 223)

Claim For Unpaid Wage Supplements (LS-425)

Submit completed claim forms to:

Division of Labor Standards
State Office Campus
Building 12, Room 185C
Albany, NY 12240

Day of Rest and Meal Periods

Labor Standards enforces Day of Rest regulations where they apply.

We also enforce the Meal Period Guidelines required for all workers.

Nursing Mothers in the Workplace

Labor Standards enforces the rights of Nursing Mothers in the Workplace where they apply.

Farm Labor

Labor Standards enforces Minimum Wage standards for Farm Workers.

We review the applications of entities that bring migrant farm labor into the state:

  • Farm labor contractors
  • Growers
  • Food processors

We issue certificates of registration to those who qualify.

We enforce compliance with the conditions set forth in the registration and also issues permits to labor camp commissaries.

Industrial Homework

We enforce the restrictions on industrial homework set forth in the Industrial Homework Law and the Homework Orders.

We issue:

  • Permits for limited distribution of industrial homework (where authorized)
  • Certificates to eligible home workers

Employment Agencies

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.

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