Northeast · NY
New York labor laws for hourly employees
Overtime, meal and rest breaks, and how often wages must be paid in New York, summarised for the person running the time clock. Reviewed September 2026; general information, not legal advice.
New York at a glance
Daily overtime
None. Overtime is weekly only, under the federal rule.
Weekly overtime
1.5× the regular rate after 40 hours in a workweek (federal FLSA).
7th consecutive day
No seventh-day premium. Hours on a seventh day count toward the weekly threshold like any other.
Meal breaks
A 30-minute noonday meal for shifts over 6 hours that span 11 a.m. to 2 p.m.; a 45-minute meal midway through shifts of more than 6 hours that start between 1 p.m. and 6 a.m.; factory workers get 60 minutes.
Rest breaks
No state rest-break requirement. The federal rule applies.
Pay frequency
Weekly for manual workers; at least semimonthly for clerical and other workers.
Also worth knowing in New York
- New York's spread-of-hours rule adds an extra hour at minimum wage when the workday spans more than 10 hours.
- The Wage Theft Prevention Act requires a written pay notice at hire and detailed pay statements.
How 9forty5 applies New York's rules
Weekly overtime after 40 hours is on by default and covers New York. Pay periods match the state's payday rule (weekly, biweekly, semimonthly or monthly, set per site), punch rounding follows the federal neutral-rounding standard, and meal and rest breaks are recorded as punches so the record shows what happened.
A company with a second site in a daily-overtime state runs both from one account: the New York site follows the weekly rule and the other site its own preset.
The federal floor
Overtime. The Fair Labor Standards Act (FLSA) requires 1.5× the regular rate of pay after 40 hours in a workweek for non-exempt employees. Federal law has no daily overtime.
Breaks. Federal law does not require breaks. When an employer offers short breaks (usually 5 to 20 minutes) they must be paid; a bona fide meal period of 30 minutes or more where the employee is fully relieved may be unpaid.
Recordkeeping. Employers must keep accurate records of hours worked each day and each week, wages paid, and the basis of pay. Payroll records are kept for 3 years and the time cards behind them for 2 years.
Rounding. Rounding punches to the nearest 5, 6 or 15 minutes is allowed only when it is neutral over time and does not systematically favor the employer.
New York questions
Yes. A 30-minute noonday meal for shifts over 6 hours that span 11 a.m. to 2 p.m.; a 45-minute meal midway through shifts of more than 6 hours that start between 1 p.m. and 6 a.m.; factory workers get 60 minutes. Federal law adds that a meal period may be unpaid only when it is 30 minutes or more and the employee is fully relieved of duty.
Weekly for manual workers; at least semimonthly for clerical and other workers.
Weekly overtime after 40 hours is on by default and covers New York. Pay periods, punch rounding, meal-break punches and holidays are set per site, and approved hours export to payroll with overtime in its own column.
Other states in the Northeast
This page is general information summarised from the U.S. Department of Labor's state tables and New York's labor agency, reviewed September 2026. It describes the usual rule for private-sector, non-exempt adult employees; industries, employer sizes and job types have exceptions, and rules change. It is not legal advice. Confirm current requirements with your state labor office or an employment attorney before relying on it.
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