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Unpaid Overtime and Minimum Wages

Abraham Lincoln wrote that to “secure to each laborer the whole product of his labor, or as nearly as possible, is a most worthy object of any good government.” One of the ways that employers take advantage of their employees is by not paying at least the minimum wage per hour or by not paying for overtime hours at the statutory rate.

Q: What is the minimum wage and overtime rate in New York?

All Employers:

NYC employers with 11 or more employees:

Minimum Wage

$11.00/hr

Overtime Rate

$16.50/hr

NYC Employers with 10 or fewer employees:

Minimum Wage

$10.50/hr

Overtime Rate

$15.75/hr

Nassau / Suffolk / Westchester – All Employers:

Minimum Wage

$10.00/hr

Overtime Rate

$15.00/hr

Rest of State (Outside NYC, Nassau, Suffolk & Westchester):

Minimum Wage

$9.70/hr

Overtime Rate

$14.55/hr


Fast Food Workers:

The “fast food minimum wage” applies to employees who work for fast food restaurants that are part of chains with 30 or more outlets.

NYC Fast Food Employers:

Fast Food Minimum Wage

$12.00/hr

Fast Food Overtime Rate

$18.00/hr

Fast Food Employers – Outside NYC:

Fast Food Minimum Wage

$10.75/hr

Fast Food Overtime Rate

$16.13/hr

If you are a tipped employee, find out your minimum wage and overtime rates

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