How overtime works in New York
New York follows federal FLSA: OT after 40 hrs/week at 1.5×. Hospitality industry has spread-of-hours rules.
- Weekly OT threshold: 40 hours
- Daily OT threshold: None (federal standard)
- OT multiplier: 1.5× regular rate
- Double time: Not required by state law
- State minimum wage: $15.00/hr (2024)
- 7th-day rule: No special rule
How to calculate overtime in New York
To calculate your New York overtime pay manually, use this formula based on the state's specific rules:
Overtime Pay = (OT Hours) × (Regular Rate × 1.5)
Who qualifies for overtime in New York?
Most non-exempt employees in New York qualify for overtime pay. This includes:
- Hourly employees
- Salaried employees earning under $43,888/year ($844/week as of July 2024)
- Most blue-collar workers regardless of salary
- Most healthcare workers (with industry-specific rules)
- First responders (police, firefighters)
The following workers are typically exempt from overtime requirements:
- Executive employees who supervise 2+ employees
- Administrative workers in non-manual roles using independent judgment
- Learned professionals (lawyers, doctors, certified teachers)
- Outside sales representatives
- Computer professionals earning at least $27.63/hr
What to do if you're owed unpaid overtime in New York
If your employer in New York hasn't paid you overtime you've earned, you have legal options:
- Document everything. Keep records of all hours worked, pay stubs, and any communication about your hours or pay.
- Talk to HR or your employer first. Sometimes it's an honest mistake.
- File a wage claim. Contact your state's labor commissioner or the US Department of Labor's Wage and Hour Division.
- Consider a wage and hour attorney. Many work on contingency (no upfront cost).
Related calculators and guides
Other states with overtime laws
Disclaimer: This information is for general educational purposes and does not constitute legal advice. New York overtime laws can change. Always verify current rules with the state labor commissioner or a qualified employment attorney. Visit the official source: https://dol.ny.gov