Hours worked - New York

Summary of differences between federal and state regulations

The federal law does not spell out actual hours that must be worked in a work day. Under the federal Fair Labor Standards Act, the workweek ordinarily includes all the time during which an employee is required to be:

• On the employer's premises,
• On duty, or
• At a prescribed work place.

In New York, eight hours a day constitute a legal day's work, unless the employee is employed in the following occupations:  street surface or elevated railroad, steam, electric, or subway.

State

Contact

New York State Department of Labor

Regulations

Consolidated Laws of New York, Labor Law, Article 5, Hours of Labor, Title 1. General.

S 160. Hours to constitute a day's work. Unless otherwise provided by law, the following number of hours shall constitute a legal day's work:

1. For street surface or elevated railroad employees as affected by section one hundred and sixty-four, ten consecutive hours, including one-half hour for dinner.
2. For employees engaged in the operation of steam or electric surface, subway or elevated railroads where the mileage system of running trains is not in use, except those employees affected by section one hundred and sixty-six, ten hours, performed within twelve consecutive hours.
3. For all other employees, except those engaged in farm or domestic service and those affected by subdivision four of section two hundred and twenty, eight hours. This subdivision shall not prevent an agreement for overwork at an increased compensation, except upon work by or for the state or a municipal corporation, or by contractors or subcontractors therewith, and except as otherwise provided in this chapter.

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

U.S. labor regulations for hours worked can be found in CFR 29:

• Part 785 Hours Worked
• Part 778 Overtime Compensation