New York State Department of Labor Labor Standards

Overview

The Labor Standards Division has a staff of investigators who enforce the New York State Minimum Wage Act. This includes four minimum wage orders and the Minimum Wage Standards for Farm Workers. These laws, with specified exceptions, apply to all workers in New York State. They also cover people who are subject to the Federal Fair Labor Standards Act.

Minimum Wage Increase

The New York State minimum wage is $7.25 per hour (as of July 24, 2009) due to the increase in the federal wage rate.

Employers must display a Minimum Wage information poster where workers can see it.

View or print the Minimum Wage Posters, Wage Orders and Wage Summaries. You will find the links to the Posters at the top of the page. Please scroll down to find the links to the Wage Orders and Summaries.

The Department of Labor helps collect wages owed to workers who have not received the minimum wage, once they file a claim with us. Labor Standards investigates and endeavors to collect on these claims for:

• Unpaid wages
• Withheld wages
• Illegal deductions

We also enforce the rules that forbid employers from:

• Taking illegal kickbacks from wages
• Appropriating tips

• Claim For Unpaid Wages (LS 223)
• Commission Recap (LS 223.1)

Submit completed claim forms to:

Labor Standards investigates and endeavors to collect claims for any unpaid benefits or wage supplements that the employer has agreed to provide.

An employer is guilty of a misdemeanor if he or she fails to provide employees the benefits and wage supplements that were agreed upon.

Wage supplements include:

• Vacation or holiday pay
• Paid sick leave
• Reimbursement of expenses
• Other similar items

Every employer is required to notify employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours of work.

• Section 198c of the New York State Labor Law, Benefits or Wage Supplements.
• Notice Requirements for Fringe Benefits and Hours.
• Claim For Unpaid Wage Supplements (LS-425) - Submit completed claim form to the address listed above.

Labor Standards enforces Day of Rest regulations where they apply.

We also enforce the Meal Period Guidelines required for all workers.

Labor Standards enforces Minimum Wage standards for Farm Workers.

We review the applications of entities that bring migrant farm labor into the state:

• Farm labor contractors
• Growers
• Food processors

We issue certificates of registration to those who qualify.

We enforce compliance with the conditions set forth in the registration and also issues permits to labor camp commissaries.

We enforce the restrictions on industrial homework set forth in the Industrial Homework Law and the Homework Orders.

We issue:

• Permits for limited distribution of industrial homework (where authorized)
• Certificates to eligible home workers

We issue licenses to qualified applicants to operate employment agencies outside New York City. We enforce the laws and regulations that relate to their operation and the fees they may charge.

• Application For Employment Agency License LS - 355
• Application For Renewal of Employment Agency License LS - 355.1
• Application For Agency Manager Permit LS 355.2
• Statements of Character LS 361
• Employment Agency Law LS 390