New York Overtime Laws & Labor Standards
Comprehensive statutory guide to weekly thresholds, daily overtime rules, exempt salary minimums, and employee rights in New York.
New York Dedicated State Overtime Framework
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.
Administered by: New York State Department of Labor (NYSDOL).
Core Overtime Provisions for New York
Statutory thresholds governing regular rate calculations, workday limits, and workweek definitions.
1.5× regular rate for hours worked over 40 in a designated 7-day workweek under 12 NYCRR Part 142/146.
New York does not enforce general statutory daily overtime; overtime is calculated on a 40-hour weekly basis.
$1,275.00/week ($66,300/year)
Employee must meet the regional salary threshold and satisfy executive or administrative exemption duties under New York Department of Labor wage orders.
Determining the Regular Rate of Pay
Overtime is calculated at 1.5× the employee regular rate of pay, not merely their base hourly wage. Under 29 C.F.R. Part 778 and state wage rules, the regular rate must include all remuneration for employment, including:
- Non-discretionary productivity and attendance bonuses
- Shift differentials (e.g., night shift, hazard pay)
- Commissions and piece-rate earnings
- Fair market value of non-cash compensation
Excludable payments include discretionary holiday gifts, reimbursed business expenses, and premium overtime rates already paid.
Overtime Exemptions & Duties Tests
An employee is not exempt from overtime simply because they are paid a salary. To be lawfully classified as exempt, an employee must satisfy BOTH:
- Salary Basis & Threshold Test: Paid a predetermined, non-deductible salary meeting the statutory threshold ($1,275.00/wk).
- Primary Duties Test: Primary job duties must consist of executive (management of enterprise), administrative (exercise of discretion on significant business operations), or professional (advanced knowledge in a specialized field).
Salaried non-exempt workers must be paid overtime for all hours worked over 40 in a workweek.
Authoritative Legal References & Labor Agency
Primary administrative authorities and official citations governing New York wage and hour compliance.
New York Overtime Laws: Legal FAQ
Common legal questions regarding overtime compliance and worker protections in New York.
What are the New York State overtime wage orders?
New York overtime is governed by industry wage orders, principally the Hospitality Industry Wage Order (12 NYCRR Part 146) and the Miscellaneous Industries and Occupations Wage Order (12 NYCRR Part 142), enforced by the New York State Department of Labor.
Does New York require daily overtime pay?
No. Unlike California, New York law does not require daily overtime after 8 or 12 hours worked. Overtime is strictly calculated after 40 regular hours worked in a 7-day workweek, though the 10-hour spread-of-hours rule may trigger extra daily minimum wage pay.
What are the 2026 New York regional minimum wages?
Under NY Labor Law § 652, the 2026 statutory minimum wage is $17.00/hour in New York City, Nassau, Suffolk, and Westchester counties (Downstate), and $16.00/hour across the remainder of New York State (Upstate).
Calculate Your New York Overtime Pay
Use our interactive engine to compute regular wages, overtime pay (1.5×), and statutory double-time with an itemized daily ledger.
Compare Overtime Rules in Other States
Review state-specific labor laws and federal baseline rules across the United States.