New York FLSA Laws: Your Guide to Compliance
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Minimum Wage in New York
- Federal FLSA: $7.25/hour.
- New York Law: As of December 31, 2024, $15.00/hour statewide (except NYC, Long Island, and Westchester, where it’s $16.00/hour per New York Labor Law § 652). Increases annually with inflation starting 2027. Tipped employees: $12.50/hour (cash wage) with a $2.50 tip credit outside NYC; varies slightly by region.
- What You Need to Know: Higher state rates apply—violations trigger fines up to $1,000 per employee plus back wages.
Overtime Pay
- Federal FLSA: 1.5x regular rate for hours over 40/week.
- New York Specifics: Matches federal 40-hour rule but adds “spread of hours” pay—extra hour at minimum wage if work spans over 10 hours/day (NYCRR § 142-2.4). Overtime rate uses state minimum wage as base (e.g., $22.50/hour outside NYC).
- Risk: Missteps on spread pay or exemptions can lead to DOL audits and lawsuits.
Child Labor
- New York Rules: Minors under 14 limited to specific jobs; 14–15 capped at 3 hours/school day, 8 hours/non-school day; 16–17 restricted from hazardous work (New York Labor Law § 130–141). Work permits required for under 18.
- Federal FLSA: Aligns but New York’s permit rule is stricter—state law prevails.
Recordkeeping
- Federal FLSA: Keep payroll, hours, and wage records for 3 years.
- New York Addition: Must retain records for 6 years and provide weekly pay stubs detailing hours, wages, and deductions (NYCRR § 142-2.6).
Enforcement & Penalties
- Federal: DOL penalties, back wages, up to $1.2M average for FLSA violations.
- New York: Fines up to $1,000 per minimum wage violation, 100–200% liquidated damages for unpaid wages, plus mandatory wage posters (New York Labor Law § 661). Aggressive enforcement by NY DOL.
Why It Matters for Your Business
- CFOs and Managers: New York’s high minimum wage, spread-of-hours rule, and strict recordkeeping mean complex compliance and bigger risks. A single payroll error could cost millions in penalties or class-action suits.
- Avoid Costly Mistakes: Stay ahead of NY DOL scrutiny with expert FLSA auditing tailored to New York laws.
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