New York Worker Rights

New York’s labor laws add many protections on top of federal law, with special rules for construction workers.

Pay

Minimum wage is set by region: New York City, Long Island and Westchester have a higher rate than the rest of the state. Rates rise on a set schedule.
Overtime: 1.5x after 40 hours in a week.
Spread of hours: minimum-wage workers whose workday spans more than 10 hours (start to finish, including breaks) get an extra hour of pay at minimum wage.
Manual workers, including most construction workers, must generally be paid weekly.
Wage Theft Prevention Act: employers must give you a written pay notice when hired (in your primary language for several languages) and a wage statement every payday.
Prevailing wage on public works, enforced by the NYS Department of Labor and, in NYC, the Comptroller.

Construction Industry Fair Play Act: construction workers are presumed to be employees, not independent contractors.
Scaffold Law and Labor Law 241(6): special protections for workers hurt in falls and from violations of the state Industrial Code. See New York.
NYC Site Safety Training (SST) cards required on many NYC sites.

Paid sick leave: up to 40 or 56 hours a year depending on employer size.
Paid Family Leave: partial pay for bonding with a new child or caring for a seriously ill family member.
Short-term disability insurance for off-the-job injuries and illness.

Wage claims: NYS Department of Labor, Division of Labor Standards (or NYC Department of Consumer and Worker Protection for some NYC laws)
Discrimination: NYS Division of Human Rights; NYC Commission on Human Rights

Last updated: October 1, 2026