New YorkOvertime Rules & Laws (2026)
Last updated: 2026-03-27
Summary: New York has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $1,275/week ($66,300/year) in NYC, Nassau, Suffolk & Westchester counties; $1,199.10/week ($62,353.20/year) in rest of state.
What are the overtime rules in New York?
| Weekly Threshold | 40 hours |
|---|---|
| Daily Overtime? | NoOnly weekly overtime applies |
| Overtime Rate | 1.5x regular rate |
| Follows FLSA? | State lawStricter than federal FLSA |
How does New York differ from federal overtime rules?
New York has robust overtime protections under the NY Labor Law (Art. 19). Overtime required after 40 hours per workweek at 1.5x. New York has higher salary thresholds for exempt employees in certain regions (NYC, Long Island/Westchester, rest of state). Residential ('live-in') employees in NYC have a unique 44-hour overtime threshold. Farmworkers gained overtime rights after 60 hours as of 2020, threshold decreasing over time.
How to Calculate Overtime in New York
Example 1: Employee works 45 hours in one week at $20/hr
40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (weekly OT at 1.5x)
Total pay: $950.00
Example 2: Employee works 50 hours in one week at $16/hr (NYC minimum wage)
40 x $16.00 = $640.00 (straight time) + 10 x $24.00 = $240.00 (OT at 1.5x)
Total pay: $880.00
Example 3: Residential employee in NYC works 46 hours (44-hr threshold)
44 x $18.00 = $792.00 (straight time for residential) + 2 x $27.00 = $54.00 (OT at 1.5x after 44 hrs)
Total pay: $846.00
Calculate Your Overtime Pay
Enter your details below to see a breakdown of regular, overtime, and total pay.
This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.
What Counts as "Hours Worked" in New York?
Under New York law, the following time must be counted as hours worked for overtime purposes:
- •All time an employee is required to be on the employer's premises or at a prescribed workplace
- •On-call time when the employee must remain at or near the worksite
- •Travel time between job sites during the workday
- •Mandatory training, meetings, or lectures
- •Meal breaks where the employee is not completely relieved of duties
- •Time donning/doffing required protective equipment at the workplace
- •Spread-of-hours premium applies when the workday spans more than 10 hours (additional hour at minimum wage)
Who is Exempt from Overtime in New York?
| Salary Threshold | $1,275/week ($66,300/year) in NYC, Nassau, Suffolk & Westchester counties; $1,199.10/week ($62,353.20/year) in rest of state — all above federal minimum |
|---|---|
| Exempt Categories | Executive, administrative, professional (NY has its own duties tests that differ from FLSA in some respects). NY applies stricter standards in some cases. |
| Industry Exemptions | Farmworkers (overtime after 60 hours, decreasing threshold). Taxicab drivers, certain camp counselors. Residential employees in NYC have a 44-hour threshold. |
Overtime Exemption Categories Explained
| Category | Requirements |
|---|---|
| Executive | Salary $1,275+/week ($66,300/year) in NYC/Nassau/Suffolk/Westchester, $1,199.10+/week ($62,353.20/year) rest of state; manages enterprise/department; directs 2+ employees; hire/fire authority |
| Administrative | Same salary as executive; office/non-manual work related to management; exercises discretion and independent judgment; NY applies its own duties tests |
| Professional | Federal FLSA salary threshold of $684/week applies (NY does not set separate professional threshold); advanced knowledge requiring prolonged study |
| Computer Employee | Salary $684+/week or $27.63+/hr (federal); systems analyst, programmer, software engineer |
| Outside Sales | No salary requirement; primary duty is making sales away from employer's place of business |
Must I Pay Unauthorized Overtime in New York?
Yes — you must pay for all overtime worked, even if unauthorized.
New York employers must pay for all overtime hours worked, even if unauthorized. Under NY Labor Law, the obligation arises when work is suffered or permitted. An employer may discipline an employee for policy violations but cannot refuse to pay for hours actually worked.
Common Overtime Violations to Avoid in New York
These are the most common overtime mistakes employers make in New York. Avoiding them protects your business from costly lawsuits and penalties.
- 1.Misclassifying employees as exempt using the federal salary threshold when New York's higher threshold applies
- 2.Failing to provide the required written wage notice under the Wage Theft Prevention Act
- 3.Not paying the spread-of-hours premium when a workday spans more than 10 hours
- 4.Treating residential employees under the standard 40-hour threshold instead of the 44-hour NYC threshold
- 5.Off-the-clock work (pre-shift and post-shift activities)
- 6.Averaging hours across workweeks instead of calculating per workweek
Penalties for Overtime Violations in New York
New York imposes significant penalties for overtime violations under the NY Labor Law. Employees can recover unpaid overtime plus liquidated damages of 100% (double damages). The statute of limitations is 6 years (longer than the federal 2-3 years). NY also has the Wage Theft Prevention Act requiring written wage notices to employees. Failure to provide the notice carries penalties of $50/day per employee up to $5,000. Employers face civil penalties of up to $20,000 per violation for willful violations. Criminal penalties are possible for egregious cases.
What New York Employers Need to Know
- •New York requires overtime at 1.5x after 40 hours per workweek
- •NY has higher salary exemption thresholds than federal — varying by region (NYC vs. rest of state)
- •Farmworkers gained overtime rights (after 60 hours) starting in 2020, with the threshold decreasing over time
- •Residential employees in NYC have a 44-hour overtime threshold
- •New York's minimum wage varies by region — $16/hr in NYC, lower in rest of state
- •NY applies its own duties tests for exempt status that can differ from FLSA
Frequently Asked Questions
What is the salary threshold for exempt employees in New York?
New York's salary threshold varies by region: $1,275/week ($66,300/year) in NYC, Nassau, Suffolk & Westchester counties, and $1,199.10/week ($62,353.20/year) in the rest of the state. All are well above the federal threshold of $684/week.
Do farmworkers in New York get overtime?
Yes. Starting in 2020, New York farmworkers became entitled to overtime pay after 60 hours per workweek. The threshold is being reviewed for potential reduction.
Official New York Resources
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This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: New York State Department of Labor — Division of Labor Standards, U.S. Department of Labor.