The rule
| New York | |
|---|---|
| Weekly threshold | Over 40 hours in a workweek: 1.5 times the regular rate. Residential (live-in) employees: over 44 hours |
| Daily threshold | None. Overtime is calculated on a weekly basis only |
| Workweek | A fixed, regularly recurring period of 168 hours (7 consecutive 24-hour periods). Averaging hours over two or more weeks is not permitted |
| Who is covered | Any individual employed or permitted to work by an employer in any occupation, except the exempt occupations listed in the Minimum Wage Orders |
| Exempt from FLSA but covered by New York | Some occupations exempt from federal overtime still get overtime under state law at 1.5 times the state minimum wage for their overtime hours |
| Exemptions | Executive, administrative, and professional employees, outside salespeople, farm laborers, taxicab drivers, part-time babysitters, camp counselors, and several others listed by the Department |
How the regular rate works
The regular rate is what the employee is regularly paid for each hour of work and it cannot fall below minimum wage. For someone paid on a non-hourly basis, such as a piece rate or a salary, the regular rate is total earnings for the week divided by total hours worked. An employee with two rates in one week gets a weighted average.
Premium pay for weekend, holiday, or night work, discretionary bonuses, gifts, and expense reimbursements are not part of the regular rate. The Labor Law does not itself require extra pay for holidays or weekends, but if an employment agreement promises it, the agreement is enforceable.
Salaried but overtime-eligible
A salaried employee who is not exempt still earns overtime for hours over 40. The salary sets the regular rate: the Department's own example is a $405 weekly salary for a 45-hour week, which gives a $9.00 regular rate and a $13.50 overtime rate for the 5 hours over 40.
Worked example: a 20-person cleaning company
A cleaner paid $19 an hour works four 9-hour days and one 10-hour day, 46 hours in the workweek.
- The 9 and 10 hour days earn no daily overtime in New York.
- 40 hours at $19: $760. 6 hours at $28.50 (1.5 times $19): $171.
- Gross for the week: $931. If the same employee instead worked 46 hours one week and 34 the next, both weeks still get paid on their own: overtime cannot be averaged away.
How to track it
Because New York counts by the workweek, the risk is in the total, not in any one shift. Set the workweek in the time clock to match the payroll week, watch the running total from Thursday on, and make sure paid breaks under 20 minutes are on the clock, since they count toward the 40.
ClockOut shows each employee's week-to-date hours as they punch and flags anyone projected to pass 40 before the schedule ends. Punch controls can hold clock-ins to the scheduled shift window so a 40-hour schedule does not turn into 42 hours through early arrivals.
New York overtime FAQ
Does New York have daily overtime?
No. Overtime is owed only for hours over 40 in the workweek (44 for live-in residential employees). Working a longer day than usual does not by itself earn overtime.
Can an employer refuse to pay unapproved overtime?
No. An announcement that overtime will not be permitted, or will not be paid unless approved in advance, does not cancel the obligation to pay for hours actually worked. Discipline the scheduling problem, but pay the hours.
Does holiday or Sunday work pay extra in New York?
Not under the Labor Law. Weekend, holiday, and night work is regular pay unless it pushes the week over 40 hours, or unless an employment agreement or union contract promises a premium.
Who is a residential employee?
An employee who lives in the home of their employer. Residential employees earn overtime after 44 hours in the workweek instead of 40.
Related pages
Sources, checked September 9, 2026
- New York DOL: Overtime frequently asked questions
- New York DOL: Wages and hours frequently asked questions
This is general information, not legal advice. Rules change; check the linked source.