Contact Us Contact Us Replicon Login

Last updated on: December 28th, 2023

Hours & Pay Regulations

Normal Working Hours

An employee’s regular working hours may not exceed the legal maximum of 40 hours weekly (exclusive Overtime). 

Workweek: New York minimum wage laws define a workweek as 7 consecutive 24-hour periods or a regular repeating span of 168 hours. A workweek may begin at any hour of the day and on any day of the week and does not have to coincide with a calendar week.


Work Schedules: Employers are obligated to accommodate an employee’s request for a temporary change in their work schedule, relating to personal events. This adjustment can include modifications in working hours, locations, or the use of paid time off, remote work, or short-term unpaid leave. The employer must approve such requests twice a year, with each request limited to one business day. Alternatively, the employer can allow the employee to use 2 business days for a single request, eliminating the need for a second request.


Stand By – An employer is required to count employee waiting time as hours worked for purposes of its minimum wage and overtime requirements if the employees are required to remain available to work at or near the employer’s premises and are unable to use the time productively for their purposes.

On-call time – The state law mandates that employers must include on-call time as part of hours worked for minimum wage and overtime calculations. This applies when employees are obligated to remain available for work on or near the employer’s premises and cannot use the time for personal activities. However, certain exceptions exist, employers are not required to count as hours worked the time when an employee who resides on the employer’s premises is present but is:

      • During regular sleeping hours, even if they are on-call
      • Any other time when the employee is free to leave the employer’s premises but voluntarily chooses to stay.

Travel time – The state laws require employers to count employee travel time as hours worked for purposes of its minimum wage and overtime requirements if the travel is part of the employee’s duties.


Show up or reporting time – Call-in pay, also known as show up or reporting pay, is mandated by New York minimum wage laws for all employees, excluding those in nonprofit institutions. In the non-hospitality industry, employers must pay a minimum of 4 hours or the scheduled shift hours, whichever is less, at the standard minimum wage when requesting an employee to report for work, regardless of actual work performed. For hospitality industry employees, the call-in pay requirements vary:

        • At least 3 hours for one shift or the scheduled shift hours, whichever is less.
        • At least 6 hours for two shifts totaling 6 hours or less, or the scheduled shift hours, whichever is less.
        • At least 8 hours for three shifts totaling 8 hours or less, or the scheduled shift hours, whichever is less.

Exception: The Call-in Pay law does not apply to certain entities and occupations. Specifically, exemptions include non-profit organizations, federal, state, or municipal government organizations, and certain job roles such as babysitters, companions, booth renters, farm laborers (covered under the farmworker minimum wage order), individuals in executive, administrative, or professional capacities, outside salespersons, taxicab drivers, and students.

Spilt Shift (Spread of hours): The laws mandate employers in the hospitality industry, non-profit institutions, religious, charitable, educational institutions, hotels, restaurants, and bars to provide an additional hour of pay at the standard minimum wage under the following circumstances:

          • If employees work more than a spread of 10 hours in a workday.
          • If employees work a split shift.
          • If both scenarios mentioned above occur.

A split shift is defined as a daily schedule with non-consecutive working hours, excluding meal periods of one hour or less. The 10-hour spread includes any breaks, meals, or other off-duty periods.


Recording Requirements: Every employer shall keep at the place of employment or at the employer’s principal place of business in New York, a true and accurate record for each employee for at least 6  years from the date of entry which contains the following information:

    • name and address;
    • social security number;
    • wage rate;
    • the number of hours worked daily and weekly, including the time of arrival and departure of each employee working a split shift or spread of hours exceeding 10;
    • when a piece-rate method of payment is used, the number of units produced daily and weekly (required for for-profit employers only);
    • the amount of gross wages;deductions from gross wages;
    • allowances, if any, claimed as part of the minimum wage;
    • net wages paid; and
    • student classification (required for for-profit employers only).


    Any work performed beyond 40 hours in a work week is considered overtime work. An employee who works more than 40 hours in their work week except if the employee is otherwise exempted will be entitled to receive overtime pay.


    Pay – An employee is entitled to premium pay at the rate of 1.5 times their regular rate for all hours worked excess in a workweek.


    Weekly Rest: An employee is entitled to receive employee at least 24 consecutive hours of rest in any calendar week.


    Meal Break: Employees are entitled to meal break in the below manner:


    Factory employees are entitled to a 60-minute lunch break between 11:00 a.m. and 2:00 p.m. and a 60-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m. and lasting more than six hours.


    Non-factory employees are entitled to a 30-minute lunch break between 11:00 a.m. and 2:00 p.m. for shifts six hours or longer that extend over that period and a 45-minute meal break at the time midway between the beginning and end of the shift for all shifts of more than six hours starting between 1:00 p.m. and 6:00 a.m.


    All employees are entitled to an additional 20-minute meal break between 5:00 p.m. and 7:00 p.m. for workdays that extend from before 11:00 a.m. to after 7:00 p.m.


    In cases where only one person is on duty or is the only person employed in a specific occupation, the employee may eat on the job without being relieved, where the employee voluntarily consents to the arrangement.


    Meal periods are not required to be counted as “hours worked” and employees are not required to be paid for such time.


    Breast Feeding Breaks – As a nursing mother, an employee can take breaks at least once every three hours to pump breast milk. An employee can take these breaks right before or after their regularly scheduled paid break or meal periods.

    Annual Leave

    Under the New York State Labor Law, payment for time not actually worked is not required unless the employer has established a policy to grant such pay. Holidays, sick time and/or vacations fall under ‘time not worked.’ When an employer does decide to create a benefit policy, that employer is free to impose any conditions they choose.

    Special Leave

    Paid Sick Leave

    The New York Labor Law mandates that employers provide paid sick leave (PSL) to eligible employees.

    Duration of Leave:

        • Employers with 4 or fewer employees and a net income of $1 million or less in the previous tax year must offer 40 hours of unpaid sick leave per calendar year.
        • Employers with 4 or fewer employees and a net income greater than $1 million in the previous tax year must provide 40 hours of paid sick leave per calendar year.
        • Employers with 5 to 99 employees are required to provide 40 hours of paid sick leave per calendar year.
        • Employers with 100 or more employees must provide 56 hours of paid sick leave per calendar year.

      Employers may set a reasonable minimum increment for sick leave use, not exceeding 4 hours.


      Usage of Leave: Employees can use sick leave for reasons such as mental or physical illness, injury, health conditions of the employee or their family members, diagnosis or care, treatment of illnesses, or absence related to domestic violence, family offenses, sexual offenses, stalking, or human trafficking.


      Sick Leave Pay: An employee is entitled to sick leave at their regular rate or the minimum wage, whichever is greater.


      Calculation of Employees: The number of employees is determined based on a “calendar year,” defined as either January 1 through December 31 or any regular and consecutive 12-month period for using and accruing leave.


      Accrual: Employees must accrue sick leave at a rate of at least 1 hour for every 30 hours worked. Employers can fulfill their obligation by providing the full amount of sick leave in a lump sum at the beginning of each year.


      Carry Over: Unused sick leave carries over to the following year. However, employers may limit the use of sick leave to 40 hours per year for those with fewer than 100 employees and 56 hours per year for those with 100 or more employees.


      Paid Family Leave

      Duration of the leave:  Eligible employees can get up to 12 weeks of paid time off to care for family.


      Usage of the Leave:  Employee can use the leave for the following purpose: 


        • Bond with a newly born child or adopted or fostered child;
        • Care for a family member with a serious health condition; or
        • Assist loved ones when a spouse, domestic partner, child, or parent is called to active military service abroad.

        Leave doesn’t have to be taken all at once, but has to be taken for full days, not half days.


        Pay: An employee is entitled to receive up to 67% of their average weekly wage.

        Paid Family Leave Applying Process

          • Notify the employer at least 30 days in advance, if foreseeable, or as soon as possible.

          • Complete and submit the Request for Paid Family Leave (Form PFL-1) to the employer.

          • Complete and attach the additional forms as required and submit them to the insurance carrier listed below within 30 days of starting the leave, to avoid losing benefits.

          • In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving the completed request or the employee’s first day of leave, whichever is later.

        New York City Sick Leave

            • Employers with four or fewer employees and an income less than $1 million must provide 40 hours of paid safe/sick leave.
            • Employers with between 5 and 99 employees, regardless of employer income, will be required to provide up to 40 hours per calendar year of paid sick and safe leave, which is consistent with the prior requirements for these employers.
            • All employers with 100 or more employees (regardless of employer income) will be required to provide up to 56 hours per calendar year of paid sick and safe leave, which matches the requirements of the new State Sick Leave Law.

        Carry Over – Employers with 99 or fewer employees are permitted to carry over up to 40 hours of unused safe/sick time to the following calendar year. Employers with 100 or more employees, can carry over up to 56 hours of unused safe/sick time to the following calendar year.

        Blood Donation Leave

        An employee is entitled to paid Blood Donation Leave under the following options:

                • An employer must provide an employee with a three-hour leave in any 12 months for blood donation on the employer’s premises, or
                • Employers must permit employees to donate blood during work hours at least twice a year, choosing a convenient time and place as set by the employer. This may also include participating in a blood drive organized at the employee’s place of work.
        Bone Marrow Donor Leave

        An employer must grant leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the physician, but may not exceed twenty-four work hours, unless agreed to by the employer. The employer may require verification by a physician for the purpose and length of each leave requested by the employee to donate bone marrow.


        Crime Victim Leave

        The law does not specify the minimum or maximum amount of leave that an employee can take.

        Jury Duty Leave

        The law does not specify the minimum or maximum amount of jury duty leave. However, employees must be granted the leave required for them to satisfy their required jury service.

        Military Service Leave

        Employees are entitled to leave in order to fulfill their obligations to the armed forces, national guard and military reserves. This includes participation in drills and other equivalent training, reserve training, instruction, annual full-time training duty, active duty for training or other annual training.

        Military Spouse Leave

        Employers are required to grant employees who are married to members of the armed forces up to 10 working days of unpaid leave upon request. Leave can be taken continuously or intermittently for days.

        The leave shall be used only when the employee’s spouse or domestic partner is on leave from the armed forces of the United States, National Guard, or reserves while deployed during a period of military conflict to combat theater or combat zone of operations. 

        Voting Leave

        An employee is entitled to receive 2 hours of paid time off from their work to vote. They should inform their employer between two and ten working days before the election. Additionally, employers are required to display a notice at least 10 working days before each election.

        Voluntary Emergency Responder Leave

        The law does not provide a minimum or maximum amount of time that an employee may take. However, such leave may only be taken during a declared state of emergency.


        Adoptive Parent Leave

        Employers are required to provide employees who adopt a child the same leave benefits provided to employees for the birth of the child if the adopted child is either younger than school age or a hard-to-place or handicapped child under the age of 18. Employers are prohibited from retaliating against employees for exercising their rights under the law.

        Bereavement Leave

        No employer who extends to its employees funeral or bereavement leave for the death of an employee’s spouse or the child, parent or other relatives of the spouse shall deny the same leave to an employee for the death of the employee’s same-sex committed partner or the child, parent or other relatives of the committed partner. For the purposes of this section, same-sex committed partners are those who are financially and emotionally interdependent in a manner commonly presumed of spouses.

        Accommodation for Victims of Domestic Violence

        An employee is entitled to reasonable accommodation if they are a victim of domestic violence. This includes taking time off for medical attention, accessing services from shelters or counseling, engaging in safety planning, or participating in legal proceedings related to domestic violence incidents.


        Employers must provide accommodation unless it causes undue hardship, taking into account factors like business size and nature. Employees are entitled to this accommodation, and if they cannot provide advance notice for unplanned absences related to domestic violence, they may need to furnish a certification when requested by the employer. Employers can require the use of available paid time off during such leave.


        Notice Requirement: Employees are required to submit a certification to the Office of Institutional Equity (OIE) within a reasonable period after requesting an accommodation. The certification must affirm the employee’s status as a victim of domestic violence, sex offenses, or stalking.


        Certification sources include employee, agent, or volunteer of a victim services organization, attorney, member of the clergy, medical or other professional service provider consulted by the employee or their family/household member for assistance. Supporting evidence may also include a police or court record or other corroborating documentation.

        Disclaimer: The material provided above is for informational purposes only and is subject to change. We endeavor to keep all material up-to-date and correct but make no representations about the information's completeness, accuracy, or reliability. Laws vary by jurisdiction and are subject to change and interpretation based on individual factors that may differ between organizations. The material is not meant to constitute legal advice and we suggest you seek the advice of legal counsel in connection with any of the information presented.