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When Do I Get Overtime Pay in New York?

You get overtime pay in New York when you work more than 40 hours in a workweek. Your overtime rate is 1.5 times your regular hourly rate. Most New York employees are entitled to overtime, though some are exempt based on their salary and job duties.

If your employer doesn’t pay you overtime when you work over 40 hours, they’re violating the law. You can file a claim to recover unpaid overtime plus additional damages.

Why New York’s Overtime Laws Matter

Overtime protections prevent employers from overworking employees without fair compensation. The 1.5x pay rate (time-and-a-half) recognizes that long hours are demanding and should cost employers more.

Many employers try to avoid paying overtime through misclassification, improper calculations, or simply ignoring the law. Understanding your overtime rights helps you recognize violations and protect your earnings.

New York follows federal Fair Labor Standards Act (FLSA) overtime rules for most workers. However, New York law provides some additional protections and has different exemption thresholds that often benefit workers more than federal law.

Basic Overtime Rules in New York

The fundamental overtime requirement is simple: 1.5 times your regular rate for all hours over 40 in a workweek.

Key terms:

  • Workweek: A fixed, recurring 7-day period (168 hours). Your employer defines the workweek, but it must be consistent. It doesn’t have to match the calendar week.
  • Regular rate: Your base hourly rate or, for salaried workers, your salary divided by hours worked
  • Overtime rate: 1.5 × regular rate

Example: James earns $20/hour and works 48 hours in one week. His overtime rate is $30/hour ($20 × 1.5). He receives:

  • Regular pay: 40 hours × $20 = $800
  • Overtime pay: 8 hours × $30 = $240
  • Total: $1,040

This formula applies regardless of when you work those hours. Evening shifts, night shifts, and weekend work don’t automatically qualify for overtime. Only hours over 40 in the workweek trigger overtime.

Who Gets Overtime in New York?

Most New York employees are entitled to overtime. The law assumes you get overtime unless you fit into a specific exemption.

Non-exempt employees (entitled to overtime):

  • Most hourly workers
  • Many salaried workers earning below the salary threshold
  • Workers who don’t meet the duties test for exemption
  • Part-time workers (if they exceed 40 hours)
  • Temporary and seasonal workers

Exempt employees (not entitled to overtime):

  • Executive, administrative, and professional employees who meet both salary and duties tests
  • Outside sales employees
  • Certain computer professionals
  • Some highly compensated employees

We’ll explore exemptions in detail below, but remember: your employer cannot make you exempt just by calling you a manager or paying you a salary. You must meet specific legal tests.

The White Collar Exemptions

New York’s most common overtime exemptions are called “white collar exemptions.” These include executive, administrative, and professional employees.

To qualify as exempt, you must pass both tests:

  1. Salary test: You must earn above a minimum salary threshold
  2. Duties test: Your job duties must primarily involve exempt work

If you fail either test, you’re entitled to overtime.

Salary Test Thresholds (2025)

New York’s salary thresholds are higher than federal law and vary by region:

Region Weekly Salary Annual Salary
NYC $1,200/week $62,400/year
Long Island & Westchester $1,200/week $62,400/year
Rest of State $1,124.20/week $58,458/year

These thresholds increase annually as minimum wage increases.

Federal comparison: The federal threshold is $844/week ($43,888/year) as of 2024. Since New York’s thresholds are higher, they apply to New York workers.

Example: Rachel works as an office manager in Syracuse and earns $50,000/year ($961.54/week). She’s below the $1,124.20 threshold for rest of state. Even if her duties are managerial, she’s entitled to overtime because she fails the salary test.

Important: Being paid above the threshold doesn’t automatically make you exempt. You must also pass the duties test.

Executive Exemption Duties Test

To be an exempt executive, your primary duties must include:

1. Managing the business or a department/subdivision

  • You direct the work of others
  • You have authority over a distinct unit with continuing functions

2. Regularly supervising at least two full-time employees

  • “Regularly” means 80% or more of your work time
  • Part-time employees count proportionally (two half-time employees = one full-time employee)

3. Having authority to hire/fire or significant weight in employment decisions

  • You make recommendations that are given particular weight
  • Your input on hiring, firing, promotions, etc., matters

Example – Exempt executive: Michael manages a retail store in Manhattan. He earns $70,000/year, supervises 8 employees, creates schedules, conducts performance reviews, and makes hiring recommendations that management almost always follows. He’s an exempt executive.

Example – Non-exempt “manager”: Lisa is called an “assistant manager” at a fast food restaurant. She earns $48,000/year, works alongside regular crew members doing the same tasks, occasionally supervises when the manager is absent, and has no say in hiring or firing. She’s entitled to overtime because she fails the duties test.

Administrative Exemption Duties Test

To be an exempt administrative employee, your primary duties must include:

1. Office or non-manual work directly related to management or general business operations

  • Supporting functions like HR, accounting, marketing, legal, etc.
  • Not production work or selling the company’s product/service

2. Exercising discretion and independent judgment on significant matters

  • You have authority to make important decisions
  • You’re not just following a manual or set procedures
  • Your decisions have real impact on company operations

Example – Exempt administrative: Karen works in HR for a company in Albany. She earns $65,000/year, develops company policies, investigates discrimination complaints, and decides which candidates to recommend for hire. She exercises significant discretion. She’s exempt.

Example – Non-exempt administrative: Tom processes paperwork in an accounting department. He earns $55,000/year but follows strict procedures with no discretion. He inputs data, files documents, and escalates issues to his supervisor. He’s entitled to overtime because he lacks discretion and independent judgment.

Professional Exemption Duties Test

The professional exemption has two categories: learned professionals and creative professionals.

Learned professionals:

  • Work requires advanced knowledge in a field of science or learning
  • Knowledge typically acquired through prolonged specialized education
  • Examples: doctors, lawyers, engineers, architects, certified teachers

Creative professionals:

  • Work requires invention, imagination, originality, or talent in a recognized artistic or creative field
  • Examples: actors, musicians, composers, writers, artists

Example – Exempt learned professional: Dr. Chen is a physician at a hospital in Queens earning $120,000/year. She’s an exempt professional.

Example – Non-exempt “professional”: Mark is called a “graphics professional” at a marketing firm. He earns $60,000/year creating basic graphics using templates with little creative input. His work doesn’t require invention or originality. He’s entitled to overtime.

Computer Employee Exemption

Computer professionals can be exempt if they earn at least $58.50/hour (or meet the salary threshold) and their duties involve:

  • Systems analysis and design
  • Computer program design, development, testing, or documentation
  • Creating or modifying computer systems or programs

Example – Exempt: A software engineer earning $120,000/year designing database architecture is exempt.

Example – Non-exempt: A help desk technician troubleshooting user computer problems is not exempt, regardless of salary.

Outside Sales Exemption

Outside sales employees are exempt if they:

  • Regularly work away from the employer’s place of business
  • Make sales or obtain orders/contracts

There’s no salary requirement for outside sales employees.

Example: A pharmaceutical sales representative who visits doctors’ offices is exempt. An inside sales person who makes calls from the office is not exempt under this category.

Special Industry Overtime Rules

Some industries have different overtime rules in New York:

Farm Workers

Agricultural employees get overtime at 1.5x their regular rate after 60 hours per week (not 40). This is different from most workers.

Residential Employees

Live-in employees (like home health aides living with patients) have different overtime rules. They typically get overtime after 44 hours per week.

Delivery Employees

Certain delivery employees have modified overtime rules depending on vehicle weight and type of goods delivered.

Hospitality Industry

Hotel and restaurant workers follow standard overtime rules (40 hours), but employers sometimes claim exemptions improperly. Managers who spend most time doing the same work as regular employees are usually entitled to overtime.

Calculating Your Overtime Rate

Your overtime rate depends on your regular rate of pay. This isn’t always straightforward.

Hourly Employees

Simple calculation: If you earn one hourly rate, your overtime rate is 1.5 times that rate.

Example: $18/hour regular × 1.5 = $27/hour overtime

Salaried Non-Exempt Employees

If you’re paid salary but entitled to overtime, calculate your regular rate by dividing your salary by your work hours.

Example: Maya earns $800/week salary and works 50 hours one week. Her regular rate is $16/hour ($800 ÷ 50 hours). Her overtime rate is $24/hour. She should receive $800 salary plus 10 hours × $8/hour = $80 overtime pay (the extra half-time for those 10 hours).

Alternative calculation method: Regular rate = salary ÷ 40 hours. You get 0.5x (half-time) for overtime hours since salary already covered straight time.

Multiple Pay Rates

If you earn different rates for different types of work, calculate overtime based on the weighted average.

Example: Jose works as both a cook ($20/hour) and server ($15/hour) at a restaurant. One week he works 30 hours cooking and 15 hours serving, totaling 45 hours. His weighted average is $18.33/hour [(30 × $20) + (15 × $15)] ÷ 45. His overtime rate is $27.50/hour for the 5 overtime hours.

Bonuses and Overtime

Non-discretionary bonuses (production bonuses, attendance bonuses, etc.) must be included in your regular rate for overtime calculations. This increases your overtime rate.

Example: Sara earns $16/hour and works 50 hours in a week. She also receives a $200 production bonus. Her adjusted regular rate is $20/hour [($16 × 50 hours + $200) ÷ 50]. Her overtime rate is $30/hour. She should receive additional overtime pay based on the adjusted rate.

New York vs. Federal Overtime Law

New York follows federal FLSA overtime rules with some key differences:

Feature Federal Law New York Law
Overtime threshold 40 hours/week 40 hours/week (60 for farm workers)
Overtime rate 1.5x regular rate 1.5x regular rate
Salary test (exemptions) $844/week ($43,888/year) $1,124-$1,200/week ($58,458-$62,400/year)
Statute of limitations 2-3 years 6 years
Liquidated damages Possible (discretionary) Generally automatic (100% doubling)
Comp time for private employers Not allowed Not allowed

Key advantage: New York’s higher salary threshold means more workers qualify for overtime. Someone earning $50,000/year might be exempt under federal law but entitled to overtime under New York law.

Comp time: Private employers cannot offer comp time (time off) instead of overtime pay in either New York or federal law. You must receive 1.5x pay in actual wages.

Real-World Examples: Overtime in Action

Example 1 – Misclassified manager: Alex is an “assistant manager” at a retail store in Brooklyn earning $52,000/year. He works 55 hours most weeks. His employer claims he’s exempt. However, Alex spends 90% of his time stocking shelves and running the cash register, the same work as hourly employees. He occasionally supervises when the manager is out. He fails the duties test and is entitled to overtime. At $19.23/hour regular rate ($52,000 ÷ 2,080 hours), he should earn $28.85/hour for 15 overtime hours weekly, or about $22,000/year in unpaid overtime.

Example 2 – Salary doesn’t mean exempt: Nicole works as a receptionist earning $45,000 salary. She works 45 hours most weeks. Her employer says salaried employees don’t get overtime. This is false. She’s non-exempt because her duties are clerical, not executive/administrative. She’s entitled to about $3,600/year in unpaid overtime.

Example 3 – Off-the-clock work: Marcus works at a restaurant in Manhattan. His manager requires him to arrive 30 minutes early to prep and stay 30 minutes late to clean, but only pays him for his scheduled shift. In a typical week, he works 45 total hours but is paid for 40. He’s entitled to 5 hours of overtime pay at 1.5x his rate.

Example 4 – Fluctuating workweek error: Elena’s employer pays her $800/week salary “for all hours worked,” claiming this covers overtime. Some weeks she works 35 hours, others 50. This violates overtime law. She must receive her salary plus additional overtime compensation when she works over 40 hours.

Example 5 – Comp time violation: A private company in Syracuse offers employees comp time instead of overtime pay. Employees who work 45 hours one week can take 7.5 hours off the next week. This is illegal for private employers. Employees must receive 1.5x pay for overtime worked.

Example 6 – Two-week averaging: Jenny works 50 hours one week and 30 hours the next. Her employer averages them (40 hours per week) and doesn’t pay overtime. This is illegal. Overtime is calculated weekly, not bi-weekly.

Example 7 – Training time: Brandon must attend mandatory training sessions on Saturdays, totaling 5 hours. Combined with his 40-hour regular schedule, he works 45 hours. Training time is work time and must be paid, including overtime rates when it puts him over 40 hours.

Example 8 – On-call time: Tina is required to be on-call and respond within 15 minutes. She cannot leave home or engage in personal activities. This on-call time counts as work time. If it pushes her over 40 hours, she gets overtime.

Example 9 – Travel time: Kevin travels from Albany to New York City for work meetings, spending 6 hours traveling during his normal workday. Travel time during normal work hours counts as work time, even on days he normally wouldn’t work. If this puts him over 40 hours, he gets overtime.

Example 10 – Seasonal spike: A ski resort employee in upstate New York works 60+ hour weeks during winter season. The employer claims seasonal employees don’t get overtime. This is false. Seasonal status doesn’t affect overtime rights.

Example 11 – Independent contractor misclassification: Carlos is labeled an “independent contractor” but works set hours at his employer’s location using their equipment. He’s actually an employee and entitled to overtime for weeks over 40 hours.

Example 12 – Take-home work: Sandra regularly takes work home in the evenings and on weekends because she can’t finish during her scheduled 40 hours. Her employer knows about this work but doesn’t pay her for it. These hours count as work time and trigger overtime.

Example 13 – Unpaid meetings: Staff meetings before or after shifts count as work time. If these meetings push employees over 40 hours, they’re entitled to overtime.

Example 14 – Split shifts and overtime: Luis works split shifts totaling 50 hours per week at a restaurant. His employer tries to count each shift separately to avoid overtime. Wrong. Hours are totaled for the entire workweek regardless of shift structure.

Example 15 – Bonus impact on overtime: Amy earns $20/hour and worked 45 hours, receiving $900 regular pay and $150 overtime pay (5 × $30). She also earned a $400 monthly bonus. The bonus increases her regular rate, meaning she should have received additional overtime compensation for all overtime hours that month.

What to Do If You’re Not Receiving Overtime

If your employer isn’t paying you overtime:

1. Determine if you’re actually exempt: Review the salary and duties tests. Don’t rely on your job title or what your employer tells you.

2. Calculate what you’re owed:

  • Track all hours worked (including off-the-clock time)
  • Calculate overtime hours per week (hours over 40)
  • Multiply overtime hours by your overtime rate (1.5x regular rate)
  • Total this across all weeks

3. Gather documentation:

  • Pay stubs showing your salary/hourly rate
  • Time records or your personal log of hours worked
  • Job description and documentation of actual duties performed
  • Communications about your work hours
  • Evidence of off-the-clock work requirements

4. Understand your potential recovery:

  • Back wages: All unpaid overtime
  • Liquidated damages: Additional 100% of back wages (doubling your recovery)
  • Interest: From the date wages were due
  • Attorney’s fees: If you hire a lawyer and win

Example: If you’re owed $15,000 in unpaid overtime, you could recover $30,000+ (back wages doubled, plus interest and attorney’s fees).

5. File a claim:

  • New York Department of Labor: File online at dol.ny.gov (form LS 223) – free, no lawyer required
  • Lawsuit: File in court with an employment lawyer – better for larger or complex claims

6. Know your time limits: You have 6 years under New York law to file an overtime claim (compared to 2-3 years under federal law). However, don’t wait. Documentation becomes harder to obtain and memories fade.

7. Understand retaliation protections: Your employer cannot fire, demote, or retaliate against you for filing an overtime claim or complaining about unpaid overtime.

Common Overtime Violations and Myths

Myth: “Salaried employees don’t get overtime”
False. Many salaried employees are entitled to overtime if they don’t meet exemption requirements.

Myth: “Managers are always exempt”
False. You must meet both the salary and duties tests. Many “managers” perform non-exempt work.

Myth: “I agreed to work for straight time, so no overtime”
False. You cannot waive your right to overtime. Such agreements are unenforceable.

Myth: “My employer can offer comp time instead of overtime pay”
False for private employers. Only government employers can offer comp time under strict conditions.

Myth: “Overtime is only for hourly employees”
False. Many salaried employees are entitled to overtime.

Myth: “Working weekends automatically means overtime”
False. Only hours over 40 in a workweek trigger overtime, regardless of which days you work.

Myth: “My employer can average my hours over two weeks”
False. Overtime is calculated per workweek, not over longer periods.

Common violation: “You must be clocked in to work”
Employers who require off-the-clock work (arriving early, working through breaks, staying late) violate overtime law.

Common violation: “Automatic meal break deduction”
Automatically deducting 30 minutes for meal breaks when employees work through them undercounts hours and can create unpaid overtime.

Frequently Asked Questions

Can my employer require me to work overtime?
Yes, in most cases. New York employers can require overtime (except farm workers have some protections). However, they must pay you 1.5x your regular rate for those hours.

What if I’m paid a day rate or piece rate?
You’re still entitled to overtime. Your regular rate is calculated by dividing your total earnings by hours worked. If this doesn’t result in 1.5x for overtime hours, your employer owes you additional compensation.

Do I get double time for working holidays or Sundays?
Not unless your employer has a policy requiring it. New York law doesn’t mandate extra pay for holidays, weekends, or night shifts unless you work over 40 hours in the week.

Can my employer fire me for refusing to work overtime?
Generally yes, unless you have a contract or union agreement limiting required overtime. However, farm workers have the right to refuse overtime without retaliation.

What if my employer pays me overtime but calculates it wrong?
You can file a claim for the difference. Common errors include using the wrong regular rate, miscounting hours, or not including bonuses in overtime calculations.

Does my employer have to pay me for time I volunteered to work?
If your employer knows or should know you’re working, it must pay you. “Volunteering” to work for your employer isn’t truly voluntary.

Can I be exempt in one position but not another?
If you have two distinct jobs with the same employer, each is analyzed separately. However, most situations involve a single position that’s either exempt or non-exempt.

What about flexible schedules and remote work?
Your work location doesn’t matter. If you work over 40 hours in a week (whether in-office, remote, or mixed), you’re entitled to overtime unless exempt.

Related Topics

For more information about New York overtime and wage laws, see:

Legal Disclaimer

This article provides general information about New York overtime laws. It is not legal advice for your situation. Laws change, exemption analysis can be complex, and every case is different. For advice about your specific circumstances, consult an employment attorney or contact the New York Department of Labor. The information here is current as of November 2025 but may not reflect future changes.

Last updated: November 4, 2025