New York Overtime Laws

Time-and-a-half after 40 hours worked in a workweek is the practical starting point for most covered, nonexempt employees.

Overtime is calculated by workweek, not by pay period. An employer cannot average a long week and a short week together to avoid overtime that was earned in the long week.

How this differs from federal law: New York builds on the federal weekly framework through state wage orders, regional minimum wages and protections for some workers who fall within federal exemptions. The applicable minimum wage also sets a floor for the regular rate used in overtime calculations.

Most covered employees receive time-and-a-half of their regular rate after 40 hours. Some employees exempt under the FLSA can still receive state overtime tied to the applicable minimum wage under the Miscellaneous Wage Order.

The general rule does not fit every worker or workplace. These points are especially important in New York:

• -Residential employees generally use a 44-hour state threshold, but residential employees covered by the Hospitality Wage Order receive overtime after 40 hours.
• -In 2026, covered farm laborers earn overtime after 52 hours in a calendar week and for work on the designated day of rest.
• -Some wage orders require spread-of-hours pay when the interval from the start to the end of the workday exceeds 10 hours. That payment is separate from overtime hours.

Under the FLSA, hours worked include time the employer requires or permits an employee to spend working. That can include required preparation, certain training or travel, and work performed before clocking in or after clocking out.

Paid vacation, holidays and sick leave usually are not hours actually worked for the federal 40-hour calculation. A contract, policy or state-specific rule can be more generous.

The workweek is a fixed, recurring period of 168 hours. It does not have to run Monday through Sunday, but it cannot be changed from week to week to avoid overtime.

Being paid a salary does not automatically remove an employee's right to overtime.

Common executive, administrative and professional exemptions depend on the employee's real job duties and the applicable pay-basis requirements. A title such as "manager" does not settle the question.

State exemption tests can differ from federal tests. Employers should apply every law that covers the work rather than relying only on payroll method or title.

An employer may require advance approval before overtime is worked. Even so, covered work must be paid when the employer required it, allowed it, or knew or should have known it was happening.

The employer may address a violation of its scheduling policy separately, but it cannot accept compensable work and then erase the hours from payroll.