Many New York City workers don’t realize that two sets of wage laws may apply to their jobs: federal and state. While both the Fair Labor Standards Act (FLSA) and New York Labor Law establish rights around minimum wage, overtime, and working hours, they don’t always offer the same level of protection. In fact, New York often goes further than federal law, offering stronger rights and additional benefits to employees—especially in industries like hospitality, retail, and service.

If you’ve been underpaid, denied overtime, or simply aren’t sure whether your employer is following the law, turn to Lipsky Lowe LLP. We have a proven history of helping York City workers assert their rights under both federal and state wage laws. If something feels off about your paycheck or schedule, our NYC wage and hour attorneys can help. Call us today for a consultation.

The Basics of Wage and Hour Laws

Federal wage and hour laws are primarily governed by the Fair Labor Standards Act (FLSA). This law sets a national minimum wage, establishes overtime rules for certain employees, and requires employers to keep accurate records of hours worked. While these rules apply across the country, they serve as a minimum standard.

New York’s labor laws provide stronger protections. The New York Labor Law, combined with wage orders issued by the Department of Labor, imposes stricter requirements on employers in NYC and across the state. When both federal and state laws apply, the one that benefits the employee the most typically governs. That means if New York law offers more than the FLSA, your employer must follow the state standard.

Where New York Offers Stronger Wage Protections

In several key areas, New York law offers more favorable conditions for workers than federal law:

  • Minimum Wage – New York’s minimum wage is higher than the federal minimum. As of 2024, the minimum wage in NYC is $16.00 per hour, while the federal rate remains at $7.25.
  • Overtime Protections – Both federal and state law require time-and-a-half for hours worked beyond 40 in a week, but New York’s laws apply to a broader range of employees and have fewer exemptions.
  • Spread of Hours Pay – Unique to New York, this rule entitles certain workers to an extra hour of pay at the minimum wage rate if their workday spans more than 10 hours.
  • Tip Credit Limitations – Federal law allows a lower base wage for tipped employees, but New York places tighter restrictions on tip credits and requires more detailed recordkeeping.

Wage Theft Prevention Act (WTPA)

New York law mandates that employers provide written wage notices and detailed pay stubs. It also allows workers to recover damages if employers fail to comply.

Pay Transparency & Salary History

New York City bans employers from asking about a job applicant’s salary history and requires certain employers to post salary ranges in job listings.

These are just a few areas where New York provides added wage protections that workers in other states might not receive.

Common Scenarios Where State vs. Federal Law Matters

Understanding which law applies can make a significant difference in whether you’re owed additional pay. For example:

  • Misclassification: Some employers label employees as “exempt” from overtime under federal law, but under New York’s broader definitions, those same workers may be entitled to overtime pay.
  • Tipped Workers: In NYC restaurants and bars, federal rules allow for significant tip credits, but New York imposes more limits and stricter conditions.
  • Gig Workers and Freelancers: While federal law may not cover certain independent contractors, some NYC workers may still have rights under state or city rules, depending on their work arrangements.
  • Overtime Pay: Workers denied overtime under federal exemptions may still qualify under New York’s narrower exemptions.

Each case depends on the facts. That’s why a local attorney can help clarify what protections you’re entitled to.

How to Protect Your Rights as a New York City Employee

If you believe you’ve been underpaid or denied overtime, don’t wait. Wage violations often go unnoticed because workers assume their employers are following the rules. Here’s how you can protect yourself:

  • Keep detailed records of hours worked, breaks taken, and pay received.
  • Review your pay stubs for accuracy and legal compliance.
  • Save any written communications related to your wages or hours.
  • Talk to a qualified employment attorney before signing any settlement or release agreement.

New York law gives you the right to recover unpaid wages, liquidated damages, interest, and attorney’s fees if your rights have been violated. However, deadlines apply, so timely action is critical.

How Lipsky Lowe Can Help

At Lipsky Lowe LLP, we focus exclusively on employment law—and we’ve represented countless New York City employees in wage and hour claims. We’ll investigate whether your employer has violated state or federal law, help you understand your legal options, and take swift action to recover the wages you’ve earned.

Whether you’re dealing with unpaid overtime, illegal deductions, tip violations, or recordkeeping issues, we’re here to help. Contact us today for a free and confidential consultation. We’re ready to stand up for your rights.