Work & wages · Your right
Overtime pay in New York: time and a half after 40 hours a week
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
Most employees in New York must be paid one and a half times their regular rate of pay for every hour worked over 40 in a workweek; live-in (residential) employees after 44 hours. Overtime is counted by the week, not the day, and hours can't be averaged across two weeks. Being paid a salary does not by itself mean you are exempt. You can't waive overtime, and an employer that 'doesn't allow' overtime still has to pay for the hours you actually worked. Unpaid overtime can be claimed through the NYS Department of Labor or in court, generally up to six years back under state law.
Read on for the details, the exceptions and the sources.
In plain words
- Regular rate
- Your normal hourly pay. If you're paid by salary, piece or several rates, it's your total weekly pay divided by the hours you worked that week.
- Workweek
- A fixed, repeating 7-day period (168 hours) your employer uses for payroll. It doesn't have to start on Sunday.
- Exempt
- Not covered by overtime rules, usually because of the kind of job (such as certain managers, administrators and professionals) and, for some, the salary paid.
What is it?
Overtime is extra pay for long weeks. New York's overtime rules are in the state minimum wage orders issued under Article 19 of the Labor Law, and they apply in addition to the federal Fair Labor Standards Act (29 U.S.C. § 207), which also requires time and a half after 40 hours. Where the two differ, employers covered by both must meet the one that pays you more.
Who qualifies?
Nearly all private-sector employees, whether paid hourly, by salary, by the piece or by commission, including part-time workers in a week they go over 40 hours. The state overtime rules also cover charter schools, private schools, nonprofits and non-teaching school district staff. They do not cover federal, state and local government employers.
The main groups left out are listed in Labor Law § 651(5) and the DOL's overtime guidance: bona fide executive, administrative and professional employees who meet the tests for those exemptions, outside salespeople, taxicab drivers, certain workers at religious and charitable institutions, camp counselors, and some volunteers and students. Farmworkers have their own, higher threshold.
Exceptions
- Residential (live-in) employees: overtime after 44 hours in the workweek.
- Farmworkers: overtime after 52 hours in a calendar week in 2026, dropping to 48 in 2028, 44 in 2030 and 40 in 2032, plus overtime for hours on their day of rest.
- Some workers exempt under federal law but covered by New York's miscellaneous industries wage order must still get overtime, at least 1.5 times the state minimum wage rather than 1.5 times their own rate.
- Executive and administrative employees are exempt in New York only if they meet the duties tests and earn at least the state's weekly salary threshold — see the page on salaried exemptions.
- A contract or union agreement can give you more than the law (for example, daily overtime or holiday premiums), and that promise is enforceable.
How much?
At least 1.5 times your regular rate for each hour over 40 in the workweek (44 for live-in employees). Your regular rate can never be less than the minimum wage, so in 2026 the lowest possible overtime rate is $25.50 an hour in New York City, Long Island and Westchester ($17.00 × 1.5) and $24.00 in the rest of the state ($16.00 × 1.5).
New York does not require overtime for working nights, weekends or holidays, or just because one day was long; only the weekly total counts.
How is it calculated?
Hourly: if you earn $20 an hour and work 46 hours, you're owed 40 × $20 = $800, plus 6 × $30 = $180, for $980.
Salary or piece rate (non-exempt): divide the week's total pay by the hours worked to get the regular rate, then add half that rate for each hour over 40. The DOL's example: a $405 salary for a 45-hour week gives a $9.00 regular rate, so the 5 overtime hours carry an extra $4.50 each.
Two jobs for the same employer at different rates: the regular rate is the weighted average — total straight-time pay divided by total hours.
Left out of the regular rate: expense reimbursements, overtime premiums themselves, true premiums for weekend or holiday work, discretionary bonuses, gifts, and pay for vacation, holiday or sick days when no work is done.
What documents do you need?
- Pay stubs — for non-exempt employees they must show the regular and overtime rates and the regular and overtime hours (Labor Law § 195(3))
- Your own daily record of start, end and break times
- Your hiring pay notice showing your overtime rate (§ 195(1))
- Schedules, time-clock screenshots, texts asking you to stay late or come in
How do you get it?
Check your workweek
Find out which day your employer's workweek starts. Add up the hours in each workweek separately; averaging two weeks is not allowed.
Compare with your pay stub
If you worked more than 40 hours and the stub shows no overtime hours or rate, ask your employer in writing to correct it.
Claim it
If it isn't fixed, file a free claim with the NYS Department of Labor or sue. You can also use our minimum wage and overtime calculator to estimate the amount.
What if they refuse?
In court, a worker who wins an underpayment claim under the Minimum Wage Act recovers the unpaid amount, reasonable attorney's fees, prejudgment interest and, unless the employer proves good faith, liquidated damages equal to 100% of the underpayment (Labor Law § 663(1)). Federal law separately gives unpaid overtime plus an equal amount as liquidated damages (29 U.S.C. § 216(b)). Retaliating against you for asking is illegal under Labor Law § 215.
An agreement to count only 40 hours, or a rule that overtime must be pre-approved, doesn't cancel the employer's duty to pay for hours you actually worked.
Deadlines
Under New York law you generally have six years to sue (Labor Law § 663(3)); the time is paused while a DOL complaint is pending. The Department of Labor says it won't accept claims for wages earned more than three years ago. Under federal law the limit is two years, or three for a willful violation (29 U.S.C. § 255).
Calculator
How we calculated
| Where you work | New York City |
|---|---|
| Minimum wage (2026) | $17.00 an hour — Labor Law § 652(1-a) |
| Your hourly rate | $17.00 |
| Hourly rate the law requires | $17.00 |
| Regular hours (up to 40) | 40 × $17.00 = $680.00 |
| Overtime hours (over 40) | 5 × $25.50 (1.5 × $17.00) = $127.50 |
| Minimum gross pay for the week | $807.50 |
- Non-exempt employees are owed 1.5 times their regular rate for hours over 40 in a workweek (overtime under federal law and New York's minimum wage order).
- Tipped food-service workers, home care aides, farmworkers and some other groups have special rules and rates; this calculator does not cover them.
- From 2027 the rates are adjusted each year by the Commissioner of Labor; check dol.ny.gov for the current figure.
- This is gross pay before taxes and lawful deductions.
Figures that change
- Lowest overtime rate — NYC, Long Island, Westchester (1.5 × $17.00): $25.50 an hour (as of 2026-10-30; N.Y. Labor Law)
- Lowest overtime rate — rest of New York State (1.5 × $16.00): $24.00 an hour (as of 2026-10-30; N.Y. Labor Law)
Frequently asked questions
I'm paid a salary. Do I get overtime?
Possibly. The DOL says most employees must be paid overtime after 40 hours regardless of their rate or method of pay. A salary alone doesn't make you exempt; you also have to meet the duties tests for an exemption and, for executives and administrators, earn at least New York's salary threshold.
Can I agree to skip overtime in exchange for a higher hourly rate?
No. The DOL says employees can't waive their right to overtime, and an agreement to count only 40 hours a week is treated as an illegal attempt to avoid it.
Does New York have daily overtime, like after 8 hours in a day?
No. Overtime in New York is based on hours worked in the workweek, not in a day, unless a contract or union agreement promises more.
Can my employer give me time off later instead of overtime pay?
The DOL says you can't waive overtime and that hours can't be averaged across workweeks, so time off in a later week doesn't replace the overtime pay owed for a week in which you worked more than 40 hours. Keep records and ask the DOL if this is happening.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- Overtime Frequently Asked Questions (PDF) (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Time and a half after 40 hours (44 residential), regular rate, workweek, no averaging, no waiver, salaried non-exempt workers
- Wages and Hours Frequently Asked Questions (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Farmworker overtime thresholds through 2032
- Minimum Wage Frequently Asked Questions (opens in a new tab)New York State Department of Labor · Checked: October 30, 2026Regular rate with multiple rates; overtime at 1.5 × minimum wage for some FLSA-exempt workers; the higher of state and federal rules
- N.Y. Labor Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 195(1), § 195(3), § 215, § 651(5), § 652(1-a), § 663 · Checked: October 30, 2026Notices and pay stubs, retaliation, who is excluded, minimum wage, remedies and the six-year limit
- Fair Labor Standards Act, 29 U.S.C. § 201 ff. (opens in a new tab)United States Code (Cornell LII copy of the official Office of the Law Revision Counsel text) · 29 U.S.C. § 207(a) · Checked: October 30, 2026Federal overtime after 40 hours
- 29 U.S.C. § 216 — Penalties and employee lawsuits (FLSA) (opens in a new tab)United States Code (Cornell LII copy of the official Office of the Law Revision Counsel text) · 29 U.S.C. § 216(b) · Checked: October 30, 2026Federal liquidated damages
- 29 U.S.C. § 255 — Statute of limitations (FLSA) (opens in a new tab)United States Code (Cornell LII copy of the official Office of the Law Revision Counsel text) · 29 U.S.C. § 255(a) · Checked: October 30, 2026Federal two- and three-year limits
Related questions
- My title is 'manager'. Does that make me exempt? · Are you really exempt from overtime in New York? Salary thresholds and duties tests
- Can my employer dock my salary for a partial day off and still treat me as exempt? · Are you really exempt from overtime in New York? Salary thresholds and duties tests
- Is there a lower minimum wage for teenagers or new employees in New York? · New York minimum wage in 2026: $17 in NYC, Long Island and Westchester, $16 elsewhere
- My company is based upstate but I work in Manhattan. Which rate applies? · New York minimum wage in 2026: $17 in NYC, Long Island and Westchester, $16 elsewhere
- I was paid off the books. Can I still claim my wages? · Employer didn't pay you in New York: how to get your unpaid wages back
- How far back can I claim unpaid wages in New York? · Employer didn't pay you in New York: how to get your unpaid wages back
Related guides
- QuestionAre you really exempt from overtime in New York? Salary thresholds and duties tests
- Your rightNew York minimum wage in 2026: $17 in NYC, Long Island and Westchester, $16 elsewhere
- SituationEmployer didn't pay you in New York: how to get your unpaid wages back
- How toHow to file a wage claim with the New York State Department of Labor
- Your rightYour right to a pay notice and pay stubs in New York (Wage Theft Prevention Act)
- What to do nowFired or laid off in New York: what to do in the first days and what you may be owed
This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.