New York Overtime Calculator
New York mandates 1.5x overtime after 40 regular hours in a workweek, alongside conditional spread-of-hours rules (an extra 1 hour at basic minimum wage when daily spread exceeds 10 hours) and distinct Downstate vs Upstate statutory schedules.
New York Statutory Rule Engine Coverage
Dedicated State Engine: New York overtime calculations apply NY Labor Law § 652, 40-hour weekly overtime, dual-track spread-of-hours rules, and regional minimum wage thresholds ($17 Downstate / $16 Upstate). Spread of hours is an additional 1-hour minimum wage allowance, not an automatic overtime rate.
Official Labor Authority: New York State Department of Labor
Calculate Overtime for New York
Preselected jurisdiction: New York (NY). Enter your pay rate, classification, and shifts below.
1. Select Work Jurisdiction
Delineating dedicated state statutory engines (CA, CO, NY) from federal FLSA baseline coverage.
New York: Dedicated NY Engine (Weekly 40h + Spread)
Dedicated State Engine: 1.5x after 40 hrs/week with dual-track hospitality vs general spread-of-hours rules and regional minimum wage schedules (12 NYCRR Part 142/146; NY Labor Law § 652).
2. Select Occupation & Industry
Specialized wage orders or alternative work schedules (e.g., Healthcare 8/80, Hospitality spread-of-hours) apply to specific roles.
General Non-Exempt Employee
Hourly or non-exempt salaried employees entitled to statutory overtime under federal and state rules.
How Overtime Works in New York
Statutory thresholds, daily and weekly hours breakdown, and compensation rates.
Daily Overtime Rule
New York does not enforce general statutory daily overtime; overtime is calculated on a 40-hour weekly basis.
Weekly Overtime (40h)
1.5× regular rate for hours worked over 40 in a designated 7-day workweek under 12 NYCRR Part 142/146.
Exempt Salary Threshold
$1,275.00/week ($66,300/year)
Downstate (NYC, Nassau, Suffolk, Westchester): $1275.00/wk ($66300.00/yr); Upstate: $1199.10/wk ($62353.20/yr) in 2026 under 12 NYCRR § 142-2.14.
New York Downstate 45-Hour Workweek
Step-by-Step Calculation Breakdown
- Weekly Regular Hours: 40.0 regular hours at $24.00/hr = $960.00
- Weekly Overtime (1.5×): 5.0 overtime hours at $36.00/hr = $180.00
- Downstate Minimum Wage Check: Base rate ($24.00/hr) comfortably exceeds 2026 Downstate minimum wage ($17.00/hr)
- Total Gross Wages: $960.00 regular + $180.00 overtime = $1140.00
- Effective Hourly Rate: $1140.00 ÷ 45 hours = $25.33/hour
Statutory Basis & Legal Authorities
12 NYCRR Part 142 (Miscellaneous Industries) & Part 146 (Hospitality Industry Wage Order); NY Labor Law § 652
New York Labor Law § 652; 12 NYCRR Parts 142 & 146Important Scope Limitations
This New York calculator implements 40-hour weekly overtime under 12 NYCRR Parts 142 and 146, Downstate ($17.00/hr) vs Upstate ($16.00/hr) minimum wage rates, and spread-of-hours rules. Note that spread of hours is a supplemental 1-hour minimum wage allowance and not overtime pay. It does not apply to exempt employees or public-sector employees.
Calculations provided by this website are for educational and estimation purposes only and do not constitute legal or payroll advice.
Frequently Asked Questions: New York Overtime
Direct legal and practical answers regarding overtime rules in New York.
How is overtime calculated in New York State?
New York requires 1.5× an employee regular rate of pay for all hours worked over 40 in a designated workweek. Non-exempt employees whose daily spread of hours exceeds 10 hours may also be entitled to a supplemental hour of pay at minimum wage under industry wage orders.
Is spread of hours considered overtime pay in New York?
No. Spread-of-hours pay is not overtime. It is an additional allowance equal to 1 hour of pay at the basic state minimum wage ($17.00/hr Downstate, $16.00/hr Upstate in 2026), not time-and-a-half (1.5×). It applies when the spread from the start to the end of a workday exceeds 10 hours.
Does every New York employee receive spread-of-hours pay if their workday exceeds 10 hours?
No. In the hospitality industry (12 NYCRR § 146-1.6), non-exempt employees receive spread pay unconditionally. In general/miscellaneous industries (12 NYCRR § 142-2.4), a wage offset credit applies: if total weekly regular wages already equal or exceed minimum wage for all hours worked plus the spread hour, no additional payment is required. Spread of hours does not apply to exempt staff.
What is the New York exempt salary threshold for 2026?
For 2026, the New York exempt executive and administrative salary threshold is $1275.00/week ($66300.00/year) in Downstate New York (NYC, Long Island, Westchester) and $1199.10/week ($62353.20/year) in Upstate New York, under 12 NYCRR § 142-2.14.
Related Overtime Resources & Jurisdictions
Explore educational guides and compare labor standards across neighboring states.