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New York Labor Laws 2025

New York has comprehensive labor protections including regional minimum wages, unique "spread of hours" requirements, specific meal break rules, paid sick leave, and NYC's Fair Workweek predictive scheduling laws.

Important: New York's "spread of hours" provision is unique - employees must receive an additional hour of pay at minimum wage if their workday spans more than 10 hours, even if they don't work all those hours.

Minimum Wage

New York has regional minimum wages with higher rates in New York City, Long Island, and Westchester.

Key Requirements

  • New York City, Long Island, Westchester: $16.50 per hour (as of January 1, 2025)
  • Remainder of New York State: $15.50 per hour
  • Tipped workers: $13.75/hour in NYC/LI/Westchester, $12.90/hour elsewhere (with tip credit)
  • Fast food workers: $16.50 per hour statewide
  • Annual reviews for potential increases tied to inflation

Overtime and Spread of Hours

New York requires overtime pay and has a unique "spread of hours" provision requiring additional compensation.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • Spread of hours: Extra hour of minimum wage pay when workday spans more than 10 hours
  • Residential employees have different overtime thresholds (44 hours/week)
  • No daily overtime requirement (calculated weekly)
  • Split shifts may trigger spread of hours pay

Meal Breaks

New York requires meal breaks for shifts exceeding certain durations, with timing requirements.

Key Requirements

  • Factory workers: 60-minute meal break between 11am-2pm for shifts spanning that period
  • Non-factory workers: 30-minute meal break for shifts over 6 hours
  • Additional 20-minute break for shifts starting before 11am and extending past 7pm
  • 45-minute meal break for shifts between noon and 6pm in certain industries
  • Meal breaks are generally unpaid if employee is completely relieved of duties

Paid Sick Leave

New York requires paid sick leave statewide with amounts varying by employer size.

Key Requirements

  • 0-4 employees: 40 hours unpaid sick leave per year
  • 5-99 employees: 40 hours paid sick leave per year
  • 100+ employees: 56 hours paid sick leave per year
  • Accrual: 1 hour per 30 hours worked (or front-loaded)
  • Can be used for employee or family member illness, preventive care, or safe leave

Predictive Scheduling (NYC)

New York City has "Fair Workweek" laws for retail and fast food workers requiring schedule predictability.

Key Requirements

  • Fast food: Must provide schedules 14 days in advance
  • Retail (20+ employees): Must provide schedules 72 hours in advance
  • Premium pay ("schedule change premium") for changes within the advance notice period
  • Good faith estimate of work schedule required at time of hire
  • Clopening premium: Extra pay when shifts are less than 11 hours apart

Additional Resources

Understanding "Spread of Hours"

New York's "spread of hours" requirement is one of the most unique labor provisions in the country:

What is it?

If an employee's workday spans more than 10 hours (from the start of their first shift to the end of their last shift, including breaks), they must be paid an additional hour at the minimum wage rate.

Example:

An employee works 9am-1pm (4 hours), takes unpaid time off, then returns for 5pm-9pm (4 hours). The spread is 12 hours (9am to 9pm), so they're entitled to spread of hours pay even though they only worked 8 hours total.

NYC Fair Workweek Penalties

New York City's predictive scheduling laws impose significant penalties for non-compliance:

Schedule Changes

$10-75 premium per change depending on how little notice is given before the schedule change.

Clopening Shifts

$100 premium if employee works shifts less than 11 hours apart (unless employee consents in writing).

On-Call Shifts

If shift is cancelled with less than 72 hours notice, employee must receive cancellation pay.

Violations

Civil penalties up to $500 per violation, plus potential damages and attorney fees in private lawsuits.

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