New York’s spread-of-hours rule adds an hour of pay to long days — but the rule that should worry general contractors is §198-e, which makes you liable for your subcontractor’s unpaid wages even if you paid the sub in full. CDO's engine is built to California's standard — the strictest in the country — so in New York it runs with headroom: GPS-verified punches, live break and overtime math on New York's actual rules, bilingual EN/ES crews, and the minute-level record that decides wage disputes.
New York construction overtime is weekly: 1.5× past 40 hours; the 44-hour rule covers only residential building-service staff. Long days can owe spread-of-hours pay, and general contractors are liable for subcontractors’ unpaid wages under §198-e. Minimum wage stays $17.00 downstate and $16.00 upstate through 2027.
New York’s biggest construction wage risk isn’t your own payroll — it’s your subcontractor’s. Labor Law §198-e, effective January 4, 2022, makes general and prime contractors jointly and severally liable for wage theft by a subcontractor at any tier, on all private construction contracts with no dollar threshold. Claims reach back three years, sub-tier employees can sue the GC directly with no contractual privity, and — the part most contractors get wrong — the GC remains liable even if it paid its subcontractor in full. Public works under Article 8, owner-occupied home improvement, and most 1-2 family home construction are exempt.
On hours, New York adds spread-of-hours pay: one extra hour at the basic minimum wage rate when the workday spans more than 10 hours from start to finish, including unpaid time. Because it is computed at the minimum wage rather than the regular rate, the obligation is often satisfied automatically for crews paid well above minimum. Overtime is standard weekly-40 for construction — the 44-hour threshold circulating in New York summaries applies only to residential Building Service employees such as doormen and supers, not to construction or roofing.
| Rule | New York | For contrast: California |
|---|---|---|
| Overtime | Weekly — 1.5× past 40 hrs (the 44-hour rule does NOT apply to construction) | Daily past 8, double time past 12, 7th-day rules |
| Meal breaks | 30-min midday meal on shifts over 6 hours spanning 11am–2pm | Before end of hour 5; second before hour 10 |
| Rest breaks | No general rest-break mandate — meal periods only | Paid 10 min per 4 hours, duty-free |
| Heat rules | No state standard yet; NYC directive issued June 2026 | Cal/OSHA §3395 — shade, water, cool-downs |
| Minimum wage | $17.00 NYC/LI/Westchester, $16.00 rest of state; unchanged for 2027 | State rate plus many higher local rates |
Summary as of October 2026 — rules move; verify current requirements with the New York labor department and qualified counsel. The California column is there for scale, not because it applies to you: it's the regime CDO's engine was built to, which is why New York's rules run inside it with room to spare.
Start with the rule that carries the most money. New York Labor Law §198-e (from S2766C), effective January 4, 2022, makes a construction contractor jointly and severally liable for unpaid wages, benefits, and wage supplements owed by any subcontractor at any tier. It applies to all private construction contracts with no dollar threshold, gives sub-tier employees a direct right of action against the GC without any contractual privity, and reaches claims arising within three years before filing. Exemptions cover public works subject to Article 8 prevailing wage, owner-occupied home-improvement contracts, and construction of 1-2 family dwellings unless the developer builds more than ten units a year at one site.
The provision that surprises people: paying your subcontractor in full does not discharge the liability. If the sub took your money and failed to pay its own crew, the workers can come to you. That inverts the assumption behind most subcontract agreements, and it means the practical defense is verification rather than indemnity — you need to know what the sub’s workers were actually paid, not just that you paid the sub.
Spread of hours (12 NYCRR 142-2.4) adds one hour of pay at the basic minimum wage rate for any workday whose span from first to last hour exceeds 10 hours — including unpaid meal time and gaps. Because it is calculated at the minimum wage rather than the employee’s regular rate, the obligation is generally satisfied where the day’s total compensation already equals or exceeds (hours worked + 1) × minimum wage, which is typically the case for construction crews earning well above the floor. It still needs to be computed rather than assumed.
Overtime for construction is standard weekly-40. The 44-hour threshold that appears in many New York summaries applies only to residential Building Service Industry employees under Wage Order Part 141 — doormen, supers, watchmen — and does not apply to construction or roofing crews. Misapplying it to a field crew produces underpaid overtime.
Meal periods come from Labor Law §162, which is unusual in being written around factory and mercantile classifications rather than a general rule. In practice, a 30-minute midday meal is required for shifts of more than six hours that extend over the 11 a.m.–2 p.m. noon meal period, with an additional 20-minute meal between 5 and 7 p.m. for shifts that start before 11 a.m. and continue past 7 p.m. The commissioner may permit shorter meal periods in writing. New York mandates no general rest or coffee breaks — only meal periods.
On heat, New York currently has no state standard for private construction. The proposed Temperature Extreme Mitigation Program Act remains pending. New York City issued Executive Order No. 17 on June 22, 2026, directing city agencies to develop heat-safety guidance and the Department of Buildings to review construction-site requirements with recommendations due March 1, 2027 — a directive to agencies, not yet an enforceable private-sector standard. Wages are regional: $17.00 in NYC, Long Island, and Westchester; $16.00 in the rest of the state. CPI-W indexing begins in 2027, but the state announced on October 1, 2026 that neither rate changes on January 1, 2027.
§198-e liability survives paying your subcontractor in full. General contractors read the statute as a backstop for deadbeat subs and assume that a paid invoice ends the exposure. It does not: the sub’s employees have a direct claim against the GC regardless of privity and regardless of whether the sub was paid, reaching back three years, on any private construction contract with no minimum contract value. Indemnity clauses do not solve this — a judgment-proof sub cannot indemnify anyone. The only real defense is verifying what the sub’s workers were actually paid, which means requiring auditable time and payroll records from every tier below you. The second trap: the 44-hour overtime threshold does not apply to construction, only to residential building-service employees.
Wherever the rules land on the strictness scale, the constant is the same: disputes are decided by records. CDO's GPS-verified, minute-level, bilingual punch trail — reviewed by AI, with exceptions surfaced for human judgment — is the record that wins them. See why teams pick CDO
General and prime contractors become jointly and severally liable for subcontractor wage theft at any tier on private construction, with no contract-value threshold and a three-year lookback.
Directs city agencies to develop heat-safety guidance and the Department of Buildings to review construction-site heat requirements. Recommendations due March 1, 2027. Not yet an enforceable private-sector standard.
New York begins CPI-W indexing in 2027, but the state announced on October 1, 2026 that the rates will not change on January 1, 2027: $17.00 in NYC, Long Island and Westchester and $16.00 elsewhere through December 31, 2027.
Dated items reflect what was publicly on the books or scheduled as of October 3, 2026. Effective dates slip and rules get amended — confirm current status before you rely on any of this.
Overtime: Weekly only — 1.5× past 40 hrs (federal FLSA). Meals: Not required for adults; minors have separate rules.
See Florida rules Neighboring stateOvertime: Weekly only — 1.5× past 40 hrs (federal FLSA). Meals: Not required by state law.
See Texas rules California guideDaily overtime, double time and the seventh-day rule — the benchmark the engine is built to.
Read the guide California guideThe fifth-hour meal window, the §226.7 premium, and waivers.
Read the guide CalculatorRun a shift against California overtime and double-time rules.
Open the calculator CalculatorTest a day against the §512 window and the premium it can owe.
Open the calculatorUnder 12 NYCRR 142-2.4, an employee is owed one additional hour of pay at the basic minimum wage rate for any workday whose span from start to finish exceeds 10 hours, counting unpaid meal periods and gaps. Because it is computed at the minimum wage rather than the regular rate, the obligation is generally already satisfied when the day’s total compensation equals or exceeds (hours worked + 1) × minimum wage — which is typically true for construction crews paid above the floor. It still has to be calculated rather than assumed.
Yes. Labor Law §198-e, effective January 4, 2022, makes general and prime contractors jointly and severally liable for wage theft by a subcontractor at any tier on private construction contracts, with no dollar threshold and a three-year lookback. Sub-tier employees can sue the general contractor directly without contractual privity. Public works under Article 8, owner-occupied home improvement, and most 1-2 family dwelling construction are exempt.
No, and this is the most commonly misunderstood part of the law. The liability is not conditioned on whether you paid the subcontractor. If the sub received your payment and then failed to pay its own workers, those workers still have a direct claim against you. Indemnity clauses offer little practical protection because a subcontractor that could not pay wages generally cannot satisfy an indemnity either. The workable defense is verification — requiring auditable time and payroll records from every tier below you.
No. The 44-hour threshold applies only to residential Building Service Industry employees under Wage Order Part 141 — positions such as doormen, supers, and watchmen. Construction and roofing crews are subject to standard weekly overtime at 1.5× the regular rate past 40 hours. Applying the 44-hour rule to a construction crew results in underpaid overtime.
No. New York mandates meal periods under Labor Law §162 but has no general rest or coffee break requirement. A 30-minute midday meal is required for shifts of more than six hours that extend over the 11 a.m. to 2 p.m. noon meal period, with an additional 20-minute meal between 5 and 7 p.m. for shifts that begin before 11 a.m. and continue past 7 p.m.
Not at the state level. The proposed Temperature Extreme Mitigation Program Act remains pending legislation. New York City issued Executive Order No. 17 on June 22, 2026, directing city agencies to develop heat-safety guidance and the Department of Buildings to review construction-site requirements, with recommendations due March 1, 2027 — but that is a directive to city agencies rather than an enforceable standard for private employers. Federal OSHA’s General Duty Clause applies in the meantime.
CDO is in a pilot with one California roofing contractor. For New York, its minute-level, GPS-verified time records are the kind of evidence a general contractor can ask a subcontractor for under §198-e. It pays to the minute and never rounds down, and it keeps a record you can check spread-of-hours and §162 meal timing against. CDO does not replace counsel or a subcontractor audit.
GPS-verified clock-ins, breaks and overtime computed live, and the exceptions that need a human — shown on a working crew in 20 minutes.
CDO is in a pilot with one California roofing contractor. Software, not legal advice.