New York Overtime Laws

April 20th 2026

Working beyond 40 hours a week is common across industries, but under New York overtime laws, employees must be properly compensated. Whether you’re an hourly worker or a salaried employee, understanding your rights is critical.

In New York State, most non-exempt employees must receive overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek. These rules apply across the state, including New York City overtime laws, with some regional wage differences.

This guide covers everything you need to know about New York labor laws regarding overtime pay laws, compensation rates, rules for salaried employees, exemptions, and more.

New York Overtime Laws Summary

State overtime law Overtime must be paid at 1.5x the employee’s regular hourly wage for hours worked beyond 40 in a week
New York minimum wage $16 per hour
Minimum overtime wage $24 per hour
Comp time Allowed for some state agency employees
Salary threshold for overtime exemption $1,199.10-$1,275.00 per week based on region

This Article Covers

New York Overtime Rates

In New York, like most states in the US, non-exempt employees are entitled to overtime pay if they have worked more than 40 hours in a week. Any hours worked beyond 40 must be compensated at a rate of 1.5 times the employee’s hourly wage. 

The minimum wage in New York is $16.00 per hour. So, the minimum overtime wage is $24.00 per hour.

However, in New York City, Long Island, and Westchester, the minimum wage is set at $17.00 per hour, which increases the minimum overtime rate to $25.00 per hour in these regions.

Certain residential employees must receive overtime pay at the rate of 1.5 times their regular rate of pay for all hours worked over 44 in a workweek.

Counting Hours in a New York Workweek

Employers are required to determine the workweek as a consistent schedule spanning seven consecutive days and 24 hours each day. The work week does not have to follow the traditional Sunday to Saturday-pattern; it can start on any day and continue for the next seven days.

Hours worked beyond 40 hours in a workweek are eligible for overtime pay. Further, while some states have set limits on daily overtime, meaning that employees who work beyond a certain number of hours in a single day are entitled to overtime pay, New York does not have a specified daily overtime limit. As such, no specific overtime regulations apply based on working more than 8 hours in a single workday or exceeding 5 days in a week.

Different employees or groups of employees may have different workweeks assigned to them. For instance, a retail employer might establish a Saturday to Friday workweek for sales staff, while managers may follow a Monday through Sunday schedule.

Overtime Entitlement in New York

The overtime rate law does not apply to federal, state, or local government employers and employees.

On the other hand, it does cover non-profit organizations, private and charter schools, as well as teachers working in school districts.

For residential employees or those whose duties are related to the employer’s premises, to be eligible for overtime pay, they must work more than 44 hours a week.

The payment of overtime wages for working on holidays or at night is not mandated by New York labor laws, but employers are free to do so. In such cases, the standard overtime rules will apply.

It is crucial to keep in mind that only regular payments will be taken into account when calculating overtime compensation. This means that any premium payments, expenses, gifts, or true premiums (such as those for working on weekends or holidays) will not be included.

Overtime for Salaried Employees in New York

Some salaried employees can still receive overtime pay if they work more than 40 hours, despite the fact that executive, administrative, and professional employees are exempt from overtime requirements.

The number of hours considered as the regular workweek for an employee only affects the overtime pay rate.

For instance, let’s consider an employee who is hired to work for 45 hours per week at a regular salary of $405. In this case, the regular rate of pay is calculated by dividing the weekly salary of $405 by the 45 hours worked, resulting in an hourly rate of $9.00.

The overtime rate for this employee is then determined as $13.50 per hour ($9.00 as the straight-time hourly rate and an additional $4.50 as extra hourly pay). Consequently, the employee should receive $13.50 for the 5 additional hours worked beyond the regular 40-hour workweek.

Can You Waive Overtime Pay in NY?

Under New York labor law, it is not permissible for employers and employees to waive or forfeit the entitlement of non-exempt workers to receive overtime pay through any agreement.

Any attempt to deny workers their right to overtime pay through such an agreement is deemed illegal and unenforceable under the laws of New York.

Overtime Pay for Holidays in New York

In New York, employers are not obligated by law to provide additional compensation to employees for working on holidays or weekends unless there is a specific provision in the individual employment contract stating otherwise.

Another exception is when the hours worked on the holiday or weekend result in the employee exceeding 40 hours of work in that particular week.

New York Overtime Laws for Live-in Workers 

Previously in New York, live-in workers were eligible for overtime pay when they worked more than 44 hours in a payroll week. However, under new regulations, residential workers are now entitled to overtime pay for hours worked over 40 in a payroll week.

Consequently, the definition of overtime hours for all non-exempt workers has been adjusted to include any hours worked beyond 40 in a payroll week.

Penalties for Common Violations of New York Overtime Laws

Mistakes in calculating overtime pay are widespread and go beyond employers refusing to provide overtime compensation or misunderstanding the regulations. Common ways in which overtime laws are violated include:

  • Misclassifying workers as exempt from overtime requirements.
  • Requiring employees to work off the clock or volunteer unpaid hours.
  • Improperly implementing “comp” time instead of overtime pay.
  • Failing to compensate employees for all hours worked.
  • Treating employees as independent contractors to avoid overtime obligations.

Remedies in place when an employer has unlawfully withheld overtime pay are:

  • Back pay, which includes unpaid overtime wages
  • Damages resulting from the failure to provide proper compensation
  • Coverage of attorney’s fees
  • Specific state civil penalties of up to $1,000
  • Potential FLSA violation penalties of up to $10,000

Who is Exempt From Overtime Pay in New York?

Certain employees in New York are not eligible for overtime wages.

In New York City, Suffolk, Nassau, and Westchester, any employee earning at least $1,275 per week is exempt from receiving overtime wages. The overtime exemption threshold for the rest of New York State is set at a minimum of $1,199.10 per week. 

Exempt employees generally include executive, administrative, learned, and creative professionals. Other occupations that can fall into exempt category include:

  • Outside sales professionals
  • Farm laborers 
  • Certain volunteers, interns, and apprentices
  • Taxicab drivers 
  • Employees of religious and charitable organizations
  • Camp counselors 
  • Part-time babysitters
  • Employees of student organizations (such as fraternities, sororities, and faculty associations)

Government employers are excluded from state overtime requirements, but many education‑related and nonprofit employers are still covered, especially when it comes to non‑teacher roles in school districts.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.