New York · updated 2026-10
New York Overtime & Break Laws
Time and a half after 40 hours in a workweek.
Overtime
40h / week
Time and a half after 40 hours in a workweek.
Time and a half after 40 hours (12 NYCRR 142-2.2, which follows FLSA methods). Live-in residential employees get overtime after 44 hours. Spread-of-hours rule: 1 extra hour at the minimum wage on any day whose span exceeds 10 hours or that has a split shift (142-2.4).
Meal break
30 min
Yes: 30 minutes for shifts over 6 hours, usually unpaid. Labor Law 162: non-factory shifts over 6 hours that span 11am to 2pm get 30 minutes in that window (factories get 60). Shifts over 6 hours starting between 1pm and 6am get 45 minutes midway (factories 60). Workdays running from before 11am to after 7pm get an extra 20 minutes between 5pm and 7pm.
Rest breaks
Not required
New York law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
Minimum wage
$16.00
$16.00 an hour (since 2026-01-01). $17.00 in NYC, Long Island and Westchester; $16.00 in the rest of the state. Tipped food service cash wage is $11.35 (NYC/LI/Westchester) and $10.70 (rest of state).
New York time card
| Day | Clock in | Break min | Clock out | Hours |
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New York pay and break questions
When does overtime start in New York?
Time and a half after 40 hours in a workweek. Time and a half after 40 hours (12 NYCRR 142-2.2, which follows FLSA methods). Live-in residential employees get overtime after 44 hours. Spread-of-hours rule: 1 extra hour at the minimum wage on any day whose span exceeds 10 hours or that has a split shift (142-2.4).
Are lunch breaks required in New York?
Yes: 30 minutes for shifts over 6 hours, usually unpaid. Labor Law 162: non-factory shifts over 6 hours that span 11am to 2pm get 30 minutes in that window (factories get 60). Shifts over 6 hours starting between 1pm and 6am get 45 minutes midway (factories 60). Workdays running from before 11am to after 7pm get an extra 20 minutes between 5pm and 7pm.
Are rest breaks required in New York?
New York law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
What is the minimum wage in New York?
$16.00 an hour (since 2026-01-01). $17.00 in NYC, Long Island and Westchester; $16.00 in the rest of the state. Tipped food service cash wage is $11.35 (NYC/LI/Westchester) and $10.70 (rest of state).
Workers under 18 in New York
Teens have extra limits on hours and times of day, and may need a work permit. See New York teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the New York State Department of Labor.