# Pay, overtime and sick time: what you are owed

Source: https://www.qaravan.org/resources/work/wages-and-hours/

In New York State the minimum wage, overtime pay and the right to sick time are the same for everyone who works here, whatever their immigration status.

The rules come from New York State and New York City law. Two agencies enforce them: the New York State Department of Labor (NYS DOL) and the City's Department of Consumer and Worker Protection (DCWP).

## Start here

- The minimum wage in New York City is $17.00 an hour in 2026, whatever your immigration status.
- Most workers get time and a half for every hour over 40 a week.
- Your employer must give you a written notice of your pay rate when you are hired and a pay stub with every payment.

## How much you must be paid per hour

The minimum depends on where you work and what you do. These rates apply from January 1, 2026 and stay the same from January 1, 2027.

Minimum wage per hour in New York State (source: NYS DOL)

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- The minimum wage for everyone Any status The minimum wage in New York City is $17.00 an hour, and it stays the same in 2027. The law protects all workers whatever their immigration status. Look up the rate for your kind of work in the [Minimum Wage Lookup Tool on the NYS DOL website](https://dol.ny.gov/minimum-wage-0). [dol.ny.gov](https://dol.ny.gov/minimum-wage-0)
- Tips Any status Only hospitality employers (restaurants, cafés, hotels) may count part of your tips toward the minimum wage and pay you less in cash (a tip credit). If tips do not bring you up to the full minimum, the employer must make up the difference. An employer may not keep your tips, and may not count tips toward the minimum on a day when you spend more than two hours, or 20% of your shift, on work that earns no tips. [dol.ny.gov](https://dol.ny.gov/minimum-wage-0)
- Home care aides Any status Home care aides (home health aides, personal care aides and home attendants) have their own, higher minimum: in 2026, $19.65 an hour in New York City, Long Island and Westchester County, and $18.65 in the rest of the state. From January 1, 2027, $20.00 and $19.00. [dol.ny.gov](https://dol.ny.gov/minimum-wage-0)
- Overtime Any status Free Most workers are paid one and a half times their regular rate for every hour over 40 in a week. Some jobs are excluded by law (exempt), and farm workers have their own thresholds; if your job is unusual, ask NYS DOL by email at LSAsk@labor.ny.gov. [dol.ny.gov](https://dol.ny.gov/wages-and-hours-frequently-asked-questions)
- Delivery workers NYC residents Free Apps that deliver restaurant food and groceries (Uber Eats, DoorDash, Grubhub, Hungry Panda, Fantuan, Instacart, Shipt and others) must pay delivery workers in New York City at least $22.13 an hour, not counting tips, for time spent preparing and making deliveries. The rate rises every April 1. A delivery worker may use the bathroom of a business where they pick up an order, unless there is a health or safety risk; DCWP publishes a card about this you can save on your phone. Report violations online: [nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page](https://nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page). [nyc.gov](https://www.nyc.gov/site/dca/workers/workersrights/Delivery-Workers.page)

## Papers your employer must give you

These papers show how much and for what you are paid, and serve as evidence in a dispute.

1. At hiring, get a written notice of your pay rate The Wage Theft Prevention Act (in force since April 9, 2011) requires an employer to give every new hire a written Notice of Pay Rate: your rate, including overtime; how you are paid (hour, shift, day, week, commission); your regular payday; the employer's name, main office address and phone; and any allowances counted toward the minimum wage (tips, meals, lodging). It must be in English and in your primary language if the Department of Labor offers a translation; Russian is one of them.
2. Ask how you will be paid An employer can pay in cash, by check, by direct deposit or on a payroll debit card. Direct deposit or a card needs your written consent; without it, the employer must pay by check or cash. You cannot be charged for getting your full wages.
3. Find out how often you are paid New York State law requires manual workers to be paid weekly, and clerical and other workers at least twice a month.
4. Ask for a pay stub with every payment Your employer must give you a wage statement, or pay stub, with each payment. Keep all of them, and keep copies away from work.
5. Expect written notice if you are fired If you are fired, your employer must give you written notice within 5 business days. The employer must also tell you in writing, or post, its policy on sick leave, vacation, personal leave, holidays and hours.

## Breaks, a day off and sick time

- Meal break and day of rest Any status If you work more than 6 hours, your employer generally must give you at least 30 minutes of unpaid meal time. Some workers must also get at least 24 hours in a row of rest every calendar week. An employer can ask NYS DOL for an exception. [dol.ny.gov](https://dol.ny.gov/day-rest-and-meal-periods)
- Paid sick time (Protected Time Off) NYC residents Free Under the City's Protected Time Off law, you earn one hour of paid time off for every 30 hours worked, up to 40 hours a year (56 hours at companies with 100 or more employees). At the smallest employers, with fewer than five employees and under $1 million in earnings, the time can be unpaid. You also have 32 unpaid hours from your first day. Use it when you or a loved one is sick, for child care, if you face domestic violence, or for a benefits appointment. Your employer must give you a written notice of your rights and post it at work. The law covers you whatever your status. File a complaint online: [nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page](https://nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page). [nyc.gov](https://www.nyc.gov/site/dca/workers/workersrights/paid-sick-leave-law-for-workers.page)
- Paid sick leave under State law (outside New York City) Any status Free New York State's Paid Sick Leave law covers private-sector employees across the State, including part-time workers; government employees are not covered. You earn one hour for every 30 worked, and the total depends on employer size: up to 56 paid hours a year at 100 or more employees; up to 40 paid hours at 5 to 99; up to 40 paid hours at 4 or fewer with net income over $1 million; up to 40 unpaid hours at 4 or fewer with net income of $1 million or less. In New York City the City law applies. An employer may not punish you for using this leave; complain to the NYS DOL Anti-Retaliation Unit online: [dol.ny.gov/retaliation](https://dol.ny.gov/retaliation). [ny.gov](https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave)
- Paid prenatal leave and asking for a schedule change NYC residents Free Under the same law an employer must give 20 hours of paid prenatal leave on top of regular Protected Time Off. You can also ask for a temporary schedule change: the time or place of a shift, remote work, or swapping shifts with a coworker. The employer may say no, but may not punish you for asking. [nyc.gov](https://www.nyc.gov/site/dca/workers/workersrights/paid-sick-leave-law-for-workers.page)
- Other City workplace laws NYC residents Free DCWP takes complaints under the laws on predictable schedules in fast food and retail (Fair Workweek Law), wrongful firing of fast food workers, the Living Wage Law, commuter benefits (Commuter Benefits Law), and missing workplace rights posters. File online: [nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page](https://nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page). [nyc.gov](https://www.nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page)

## How to check your pay

Check every payday until you are sure everything is in order.

1. Compare the hours with your own record Keep your own record of hours: date, start and end time, breaks. In a dispute, copies of pay stubs, checks and time records are evidence; NYS DOL asks for copies, not originals.
2. Check the rate Divide your pay for regular hours by the number of hours and compare it with the rate in your written notice and with the minimum wage.
3. Check overtime and tips Count the hours over 40 in a week: they must be paid at time and a half. Check that all your tips went to you.
4. Check the deductions An employer may not deduct money for damage or breakage, or charge you more than your share of the contribution to Paid Family Leave, the State program for paid family leave.
5. If it does not add up Raise it with your employer in writing, keep the answer, and contact NYS DOL or DCWP.

## Glossary: definitions of special terms and abbreviations

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This is general information, not legal advice: QARAVAN has no lawyers. QARAVAN does not help anyone enter the US and cannot arrange visas, invitations, sponsorship or evacuation. For your own case, talk to a licensed immigration attorney or a representative accredited by the U.S. Department of Justice.

[All pages: Work](https://www.qaravan.org/resources/work/)

**Sources, checked November 2026**

- [dol.ny.gov/minimum-wage-0](https://dol.ny.gov/minimum-wage-0)
- [dol.ny.gov/retaliation](https://dol.ny.gov/retaliation)
- [dol.ny.gov/wages-and-hours-frequently-asked-questions](https://dol.ny.gov/wages-and-hours-frequently-asked-questions)
- [dol.ny.gov/day-rest-and-meal-periods](https://dol.ny.gov/day-rest-and-meal-periods)
- [nyc.gov/site/dca/workers/workersrights/file-workplace-complain…](https://www.nyc.gov/site/dca/workers/workersrights/file-workplace-complaint.page)
- [nyc.gov/site/dca/workers/workersrights/paid-sick-leave-law-for…](https://www.nyc.gov/site/dca/workers/workersrights/paid-sick-leave-law-for-workers.page)
- [nyc.gov/site/dca/workers/workersrights/Delivery-Workers.page](https://www.nyc.gov/site/dca/workers/workersrights/Delivery-Workers.page)
- [ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave](https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave)