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Your rights / New York

New York: your rights at work

What New York law adds on top of federal law for nurses and EMS, and who to call.

Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.

General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.

Who to call in New York

New York State Department of Labor, Division of Labor Standards Unpaid wages and state labor complaints.
Start a complaint
U.S. Department of Labor, Wage and Hour DivisionUnpaid wages and overtime, PUMP Act, FMLA.
Contact · 1-866-487-9243
OSHAPrivate-employer safety complaints, and retaliation for raising safety (30 days under the OSH Act). Public employees: see Unions and public employers.
Contact
Licensing boardsFor a complaint about your license.
New York nursing · New York EMS

Mandatory overtime

In New York, a health care employer can't require an RN or LPN to work past the hours you agreed to or are regularly scheduled for. Voluntary overtime is fine. Routine staffing gaps, normal absenteeism and approved time off don't count as an emergency, and the employer must try to cover the hours voluntarily and use its Nurse Coverage Plan before mandating anyone.

Who it covers: RNs and LPNs at Article 28 facilities (hospitals, nursing homes, diagnostic and treatment centers), certain state-operated facilities, and OCFS-operated or licensed facilities.

Limits and exceptions to know (the law may have others; read the source):

  • A health care disaster that increases the need for staff.
  • A federal, state, or county declaration of emergency.
  • An unforeseen patient care emergency that couldn't be prudently planned for and doesn't regularly occur.
  • An ongoing medical or surgical procedure you're actively engaged in where your continued presence is needed for the patient's safety.
  • Prescheduled on-call time you agreed to can't be used as a substitute for mandatory overtime.
"restricts health care employers, as defined in the statute, from requiring nurses to work beyond their regularly scheduled hours, with four limited exceptions."

N.Y. Labor Law § 167; 12 NYCRR Part 177 · Last amended Amendment effective June 28, 2023 · Checked November 10, 2026

Final paycheck

Quit or fired, you must be paid by the regular payday for the pay period you worked. If you ask, the employer must mail your final pay.

Who it covers: Employees of private employers in New York. If a government agency employs you, confirm the rule with the NY Department of Labor.

"When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee"

N.Y. Labor Law § 191(3) (as summarized by the NYS Department of Labor) · Checked November 10, 2026

Meal and rest breaks

Work more than six hours and you generally get at least 30 minutes of unpaid time off for a meal.

Who it covers: All employees in New York State.

Limits and exceptions to know (the law may have others; read the source):

  • Employers can apply to DOL for permission to give meal periods shorter than 30 minutes.
"Employers in New York State must provide all employees time off for meals, after working a certain number of hours. In general, employers must provide at least 30 minutes of unpaid time off if an employee works more than 6 hours."

N.Y. Labor Law § 162 (as summarized by the NYS Department of Labor) · Checked November 10, 2026

Federal law still applies

For New York we have not yet confirmed state rules on staffing ratios, plans and committees. That does not mean New York has no rule on them: we leave a topic off until we have read it at the source, and only federal rules are shown for it here.

Federal rules apply in New York too:

State rules checked November 10, 2026.

Sources for this page

Statutes, regulations and agency pages only, each checked November 10, 2026. This page is free and no one paid to be on it.