NYState Rules

New York Overtime Calculator

New York follows federal FLSA: 1.5x pay for hours over 40 per week, with no daily threshold or double time.

Weekly Threshold:40h

Multiplier:1.5×

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NY OVERTIME RULES

Understanding New York Overtime Law

Standard 40-Hour Weekly Threshold

New York follows the federal 40-hour weekly overtime standard for most employees. Non-exempt workers earn 1.5× their regular rate for hours beyond 40 in a workweek. New York's overtime protections are enforced by both the state Department of Labor and the federal DOL.

Residential Employee Exception

New York has a unique provision for residential employees (live-in workers such as building superintendents or domestic workers): the overtime threshold is 44 hours per week instead of 40. After 44 hours, these employees earn overtime at 1.5× their regular rate.

Industry-Specific Wage Orders

New York issues industry-specific wage orders that may affect overtime calculations. The Hospitality Industry Wage Order, for example, has strict rules about tip credits, uniform maintenance pay, and spread-of-hours pay. Farm laborers in New York now have a 60-hour overtime threshold that is being phased down to 40 hours over time.

Important Note

This information is for reference only. Consult the New York State Department of Labor for authoritative state guidance.

FREQUENTLY ASKED QUESTIONS

Common Questions About Overtime Pay

New York requires 1.5× (time and a half) your regular rate for hours over 40 per week. There is no double time requirement in New York. Residential employees have a 44-hour threshold instead.

Overtime rules are the same statewide. However, New York City has a higher minimum wage than the rest of the state, which affects the base rate used for overtime calculations.

Yes. Since 2020, New York farm laborers earn overtime after 60 hours per week. The threshold is being phased down gradually toward 40 hours, making New York one of the few states extending full overtime rights to agricultural workers.

File a complaint with the New York State Department of Labor's Division of Labor Standards. You can file online or by phone. You may also contact the U.S. Department of Labor Wage and Hour Division for federal FLSA claims.

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