New York overtime laws: Workers may be entitled to unpaid wages

NY unpaid overtime, minimum wage and more: Who’s affected?

Have you been denied overtime pay or off-the-clock pay as an employee in New York? You may have a legal claim to unpaid wages. 

Under New York labor laws, workers may be entitled to unpaid overtime wages or other compensation. New York has some of the strictest labor laws in the country, including requirements for minimum wage, overtime pay, meal breaks, and reimbursement of business expenses. These laws also have rigorous standards for classifying workers as independent contractors rather than employees. 

While New York overtime laws aim to protect workers, some employers may not fully comply. Workers who performed labor in New York could take legal action to recover unpaid wages, penalties, and other compensation due to violations of NY labor laws.

New York minimum wage and off-the-clock work 

As of January 1, 2024, all New York employers must pay a minimum wage of $15 per hour, more than double the federal minimum wage. Requiring off-the-clock work without pay could result in minimum wage violations. Workers denied legal minimum pay may be able to recover lost wages through a wage and hour lawsuit.

Common examples of off-the-clock work that may constitute unpaid labor include:

• Unpaid pre- and post-shift activities: Work performed before clocking in or after clocking out, such as waiting for security checks, putting on safety gear, cleaning up, returning equipment, finishing uncompleted tasks, communicating about work matters while at home, etc. 
• Unpaid administrative work: Doing things on the employee’s own time, such as answering work emails or calls, completing paperwork, undergoing training, etc. 
• Unpaid lunch breaks: Answering calls, conducting sales, working on the computer, and other tasks performed during an unpaid lunch or meal break. 

New York overtime laws and pay requirements

New York overtime law mandates time-and-a-half pay for hours worked over 40 in a week. The proper overtime rate depends on factors like hourly wages, shift differentials, bonuses, and salary. While some roles may be exempt, each exemption has specific definitions under New York overtime law. Workers believing they have not received proper overtime should consult an attorney familiar with New York’s complex wage requirements.  

New York labor law: Meal break rules

Most New York employees are entitled to an uninterrupted 30-minute meal break for shifts over six hours. Breaks must be truly break periods—workers cannot be required to perform any job duties during the break, even passive duties like carrying a phone. Requiring on-duty work during designated breaks could mean those breaks fail to comply with New York law, potentially entitling workers to compensation.

If you were required to perform work during unpaid breaks, you may have a legal claim. 

Fill out the form on this page to see if you qualify for a free case evaluation.