In New York, non-exempt employees must be paid time and a half for hours worked over 40 in a workweek, matching the federal Fair Labor Standards Act. New York does not add a daily overtime rule.
Live-in (residential) workers get overtime after 44 hours. An extra hour of pay at minimum wage is owed when the spread of hours exceeds 10 or for split shifts.
Overtime rules in New York
| Type | Requirement |
|---|---|
| Weekly | 40 hours (1.5x) |
At the New York minimum wage of $17.00, the overtime rate is $25.50 an hour (1.5×).
New York overtime calculator
Enter your rate and hours to see your overtime and total pay for the week.
Who is covered
Most hourly employees are non-exempt, which means they must be paid overtime. The main exemptions under the Fair Labor Standards Act are bona fide executive, administrative, professional, outside sales, and certain computer employees who are paid on a salary basis above the federal threshold. Job title alone does not decide it, the actual duties and pay do.