Under New York overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in New York — only the weekly total counts. The minimum wage is $17.00 in New York City, Nassau, Suffolk and Westchester; $16.00 in the rest of the state.
This guide gives the exact new york overtime laws rule with the date we verified it, the statute, and what to do next. Rules verified against New York State Department of Labor, Division of Labor Standards on 2026-10-08; confirm the current rule with New York State Department of Labor, Division of Labor Standards or an attorney before you rely on it.
New York Overtime Laws at a Glance
| Minimum wage | $17.00 in New York City, Nassau, Suffolk and Westchester; $16.00 in the rest of the state |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New York — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This New York Overtime Laws Guide:
New York Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New York — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
Live-in residential workers get overtime after 44 hours; an extra hour at minimum wage is owed when the spread of hours exceeds 10 or there is a split shift.
How to Calculate Overtime Under New York Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $17.00 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
New York Overtime Laws at a Glance
Rules verified against New York State Department of Labor, Division of Labor Standards on 2026-10-08; confirm the current rule with New York State Department of Labor, Division of Labor Standards or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $17.00 in New York City, Nassau, Suffolk and Westchester; $16.00 in the rest of the state |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New York — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From New York Overtime Laws
The main exempt groups in New York are salaried executives, administrators and professionals who meet the federal-style duties tests, plus outside salespeople. For executive and administrative employees, New York sets its own weekly salary threshold, which varies by region and is higher than the federal one.
Professionals use the federal salary test, and every exempt employee generally has to receive the full salary for any week in which they do any work.
Daily Overtime and New York Overtime Laws
New York has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in New York generally cannot give comp time instead of paying overtime. Overtime hours must be paid as wages at the overtime rate. Only public employers may offer comp time under federal law.
Is Overtime Taxed Differently Under New York Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. In New York, overtime for tipped workers is calculated on the full minimum wage: the employer pays time-and-a-half the minimum wage, minus the allowed tip credit.
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A tip credit is allowed only in certain industries, such as hospitality, and requires written notice to the worker at or before hiring.
How to Claim Unpaid Overtime Under New York Overtime Laws
A New York worker can file the Labor Standards Complaint Form (LS 223) with the New York State Department of Labor’s Division of Labor Standards, by mail or through the online upload, and attach copies of pay stubs and time records. Workers may also file with the federal Wage and Hour Division instead.
The state limits how far back a DOL complaint can reach, and the time limit for a court claim is different, so confirm the current look-back period with the agency before filing.
Other New York Overtime Laws Rules to Know
Some workers who are exempt from overtime under federal law are still owed overtime under New York law, at 1.5 times the state minimum wage. Certain residential (live-in) employees earn overtime after a longer workweek than other workers. Farm workers have a separate overtime threshold that is being phased in, so confirm the current rule with the state agency.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact New York State Department of Labor, Division of Labor Standards
New York — the bottom line
- New york overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under new york overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- New york overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under New York overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New York — only the weekly total counts.
What is the overtime rate in New York?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does New York have daily overtime?
No daily overtime in new york — only the weekly total counts.
Can my employer give comp time instead of overtime pay in New York?
Private employers in New York generally cannot give comp time instead of paying overtime. Overtime hours must be paid as wages at the overtime rate. Only public employers may offer comp time under federal law.
How do I claim unpaid overtime in New York?
A New York worker can file the Labor Standards Complaint Form (LS 223) with the New York State Department of Labor’s Division of Labor Standards, by mail or through the online upload, and attach copies of pay stubs and time records.
Official New York Sources & Resources
- New York State Department of Labor, Division of Labor Standards: https://dol.ny.gov/labor-standards-0
- New York statute (Live-in residential workers get overtime after 44 hours; an extra hour at minimum wage is owed when the spread of hours exceeds 10 or there is a split shift.): https://www.nysenate.gov/legislation/laws/LAB/A19
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This new york overtime laws guide was last verified against official New York sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More New York Workplace Rights Guides
- New York Break Laws: Meal and Rest Breaks
- New York Final Paycheck Law: Deadlines and Penalties
- New York Labor Laws: Every Rule in One Place
- New York Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.