New York overtime & meal break laws
What an employer in New York has to do in 2026 — overtime, breaks, penalties and record-keeping, in plain English.
The short answer
In New York, hourly employees earn time and a half after 40 hours in a workweek. After 6 hours, an employee is entitled to a 30-minute unpaid meal break.
New York rules at a glance
What this means day to day
- Overtime 1.5× after 40 hours per week
- Meal periods required on shifts over 6 hours
- Payroll records must be kept 6 years
Every one of these is enforced automatically in ClockAll when you set a location to New York — the overtime is calculated, missed breaks are flagged on the timecard the same day, and records are kept for 6 years.
Frequently asked questions
When does overtime start in New York?
Hourly employees in New York earn time and a half after 40 hours in a workweek.
How long can an employee work in New York before a meal break?
After 6 hours, an employee is entitled to a 30-minute unpaid meal break.
How long do employers in New York have to keep time records?
New York requires 6 years. Federal law (the FLSA) requires three. Because the requirement differs by state and a claim can be filed years later, ClockAll keeps 6 years for everyone — the longest any state asks for.
Can an employer round time clock punches in New York?
Rounding is allowed only if it is neutral — it has to be as likely to round in the employee’s favour as the employer’s, over time. Rounding that consistently shaves minutes is unpaid wages. The safest position, and what ClockAll records, is the actual punch time to the minute.
Stay compliant in New York without thinking about it
Set the location’s state once. ClockAll does the overtime math, flags missed breaks, and keeps the records.