← All states

New York Overtime Pay Laws & Calculator

How overtime works for hourly employees in New York, plus a free calculator to estimate your own pay.

The rules

Source: 29 U.S.C. § 207 (federal FLSA)

  • Overtime applies after 40 hours in a single workweek, paid at 1.5x your regular hourly rate.
  • New York has no separate state-law daily-overtime or double-time requirement -- only the weekly threshold above applies.

Worked example

Take a non-exempt hourly employee in New York earning $20.00/hour who works 45 hours in one workweek (nine hours a day, Monday through Friday). Applying New York's rules above:

Regular pay (40 hrs)$800.00Overtime pay (5 hrs @ 1.5x)$150.00Total pay$950.00

Use the full calculator to plug in your own rate, hours, and pay period — including estimated federal and New York tax withholding.

New York minimum wage and exempt-salary rules

Minimum wage
$17.00/hour in New York City, Long Island, and Westchester County; $16.00/hour in the rest of the state -- both effective January 1, 2026. (NY Department of Labor, Minimum Wage)
Tipped employees
Rates vary by region and job type. Food service workers: $11.35/hour cash wage (NYC/Long Island/Westchester) or $10.70/hour (rest of state). Service employees: $14.15/hour (NYC/Long Island/Westchester) or $13.30/hour (rest of state). Tips must make up the difference to the full regional minimum wage. (NY Department of Labor, Minimum Wage for Tipped Workers)
Exempt (salaried) employee salary threshold
$1,275.00/week ($66,300/year) in NYC, Nassau, Suffolk, and Westchester counties; $1,199.10/week ($62,353.20/year) elsewhere in the state -- both meaningfully higher than the federal $684/week floor, effective January 1, 2026. New York hasn't set its own threshold for the professional exemption specifically, so the federal $684/week figure still applies there. (NY Department of Labor)

Common mistake: The most common New York mistake is applying the statewide $16.00 rate (or its matching exempt-salary threshold) to employees who actually work in NYC, Long Island, or Westchester, where both the minimum wage and the exempt-salary threshold are higher. Which rate applies depends on where the work is performed, not where the company is headquartered.

Example: biweekly confusion in New York

Same hourly rate ($20.00/hour), 35 hours in week 1 and 45 hours in week 2 — 80 hours total either way:

WeekRegularOvertimeWeek 1 (35 hrs)35 hrs0 hrsWeek 2 (45 hrs)40 hrs5 hrsBiweekly total$1,650.00

Week 2 still owes 5 overtime hours even though the two-week total is a plain 80 hours — overtime in New York is calculated per workweek, not by averaging the pay period. See the biweekly overtime calculator for more examples.

Example: 3x12 vs. 4x12 schedules in New York

Two common 12-hour-shift schedules, same $20.00/hour rate:

ScheduleOT hoursTotal pay3 days × 12 hrs (36 hrs/week)0 hrs$720.004 days × 12 hrs (48 hrs/week)8 hrs$1,040.00

Want to compare your own rate, days, and shift differential? Use the schedule comparison tool.

New York-specific FAQ

Does the higher NYC minimum wage change my overtime rate too?

Yes -- your overtime rate is 1.5x whatever your actual regular rate is. If you're paid the NYC-area minimum ($17.00/hour), your overtime rate is at least $25.50/hour, not the $24.00/hour you'd get off the $16.00 statewide rate.

I work in NYC but my employer is based upstate. Which minimum wage applies?

The rate is based on where the work is actually performed, not where the company is headquartered -- an employee working in NYC is covered by the NYC-area rate even if payroll is run from an upstate office.

Is New York's overtime rule daily or weekly?

Weekly -- New York follows the federal 40-hour workweek standard for most employees. (Live-in/residential employees have a separate 44-hour threshold, not modeled by this calculator.)

Is overtime taxed differently in New York?

No -- overtime pay isn't taxed at a different rate than your regular wages. It's simply added to your gross pay for that period and withheld the same way as any other pay. New York taxes wage income on a bracketed schedule topping out at 10.9% (Tax Foundation, 2026 State Individual Income Tax Rates and Brackets); overtime pay is withheld the same as any other wages, based on your total taxable pay for the period.

Who this applies to

  • Certain live-in/residential employees in New York have a different weekly threshold (44+ hours) -- not modeled here; this estimate is for general employment.
  • This estimate assumes a non-exempt hourly employee. Executive, administrative, professional, and certain other roles may be exempt from overtime entirely under state and federal law.

This is an estimate for general informational purposes only, not legal, tax, or payroll advice. For your specific situation, consult your employer's payroll department, a licensed tax professional, or New York's labor department.

Permalink: paycheckovertime.com/overtime/ny