So far in 2026, at least 112 wage lawsuits have been filed in New York’s federal courts against businesses with “restaurant,” “deli,” “café,” “pizza,” “bakery” or a similar word in their name. That count only catches the obvious names; restaurants owned through a numbered or generic company don’t show up in it. Behind each one is a worker who says the paycheck didn’t match the hours.
If you work in a New York restaurant, you may be in the same position and not know it. New York has a separate set of wage rules just for restaurants and hotels, and several of them give restaurant workers more than workers in other jobs get.
My name is Michael Samuel. I have practiced law in New York since 1993, and I handle wage and hour cases in the federal courts in Manhattan and Brooklyn and in the state courts. This article explains the rules that matter most: overtime, tips, the extra hour for long days, uniforms and short shifts. It also covers how far back you can claim and what to do now.
These rules apply to people employed by a restaurant, including kitchen staff and delivery workers on the restaurant’s own payroll. If you deliver through an app such as DoorDash or Uber Eats, different city rules apply; see our page on deactivated delivery workers.