Wage and hour laws maintain fair labor standards and ensure employees are compensated correctly. Federal and state regulations cover minimum wage, overtime pay, and working hours. Adhering to these laws is a legal requirement for employers and a critical factor in fostering a positive work environment.
At Kent, Beatty & Gordon (KB&G), we guide employers and employees through the complexities of wage and hour laws in New York. Our legal team provides tailored advice and counsel, helping clients navigate compliance issues, resolve disputes, and protect their interests. Whether you’re an employer seeking to implement best practices or an employee needing to understand your rights, talk to an experienced wage and hour attorney today.
Why Wage and Hour Laws Matter
Federal and state wage and hour laws establish the standards for employee compensation, working hours, and labor practices. The federal Fair Labor Standards Act (FLSA) sets the minimum wage, defines overtime pay eligibility, and regulates youth employment. Under the FLSA:
- Minimum Wage: The federal minimum wage is $7.25 per hour, though states like New York have set higher rates.
- Overtime: Non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for hours over 40 in a workweek.
- Child Labor: The FLSA restricts the employment of minors, limiting the types of jobs they can perform and the hours they can work.
New York State imposes additional regulations, often more stringent than federal standards. For example:
- Minimum Wage: New York’s minimum wage varies by region and industry, reflecting the state’s higher cost of living.
- Wage Theft Prevention: New York’s Wage Theft Prevention Act requires employers to provide written notice of pay rates and other employment terms.
KB&G offers informed guidance on federal and state wage and hour laws to clients across multiple industries, including the hospitality sector.
Minimum Wage Requirements
Minimum wage requirements are a key aspect of wage and hour laws, ensuring employees receive fair compensation for their work. Under the Fair Labor Standards Act (FLSA), the federal minimum wage is $7.25 per hour.
However, New York has a higher rate. The general minimum wage varies by region. For example, it is $16 per hour in New York City, Long Island, and Westchester County, while other areas have a lower rate. Employers can pay tipped employees a lower cash wage, provided that tips bring their earnings up to the minimum wage.
Overtime Pay Regulations
Federal and state laws require eligible employees to be fairly compensated for overtime. Under the Fair Labor Standards Act (FLSA), non-exempt employees are entitled to overtime pay at one and a half times their regular hourly wage for any hours worked over 40 a week.
In New York, the rules are similar but with some state-specific nuances:
- Exempt vs. Non-Exempt: Only non-exempt employees qualify for overtime pay. Exempt employees, typically those in executive, administrative, or professional roles, are not entitled to overtime.
- Calculation: Overtime pay is calculated based on the employee’s regular rate, which includes wages, bonuses, and certain other forms of compensation.
Notably, the New York State Labor Department has raised the salary threshold for administrative and executive exemptions.
| New York City, Westchester, and Long Island | The Rest of New York State | |
| 2024 | $1,200.00/week($62,400.00/year) | $1,124.20/week($58,458.40/year) |
| 2025 | $1,237.50/week($64,350.00/year) | $1,161.65/week($60,405.80/year) |
| 2026 | $1,275.00/week($66,300.00/year) | $1,199.10/week($62,353.20/year) |
Meal and Rest Break Requirements
New York State mandates specific meal and rest break requirements to ensure employee well-being. Most employees who work more than six hours are entitled to at least a 30-minute unpaid meal break. The timing of these breaks can vary depending on the shift’s start time and duration.
While not required under New York law, many employers encourage rest breaks for productivity and morale. However, if rest breaks of 20 minutes or less are provided, they must be paid. KB&G assists employers in understanding these requirements and implementing compliant workplace policies.
Record-keeping and Compliance Obligations
New York employers must maintain accurate records of employee work hours, wages, and other employment details. Key record-keeping obligations include:
- Timekeeping: Employers must track and document the non-exempt employee hours, including regular and overtime hours.
- Wage Records: Detailed wage records must be maintained, including the basis on which wages are paid (hourly, salary, piecework, etc.).
- Pay Stubs: Employers must provide employees with a written statement each pay period that shows the hours worked, rates of pay, and any deductions.
Failing to comply with these obligations can result in penalties, fines, and potential lawsuits. KB&G helps businesses implement effective record-keeping practices, meet legal requirements, and avoid costly legal disputes.
Protecting Your Business with Wage and Hour Law Compliance
Complying with wage and hour laws is essential for maintaining a fair and legally sound workplace. Whether you need assistance with compliance or are facing a wage dispute, trust Kent, Beatty, and Gordon for guidance and support. Contact us today to set up a consultation.