New York Overtime Pay Calculator

New York's overtime rules sit on top of FLSA: 1.5x the regular rate after 40 hours in a workweek. The state minimum wage in 2026 is $17.00/hour in New York City, Long Island, and Westchester, and $16.00/hour in the rest of the state — so the minimum overtime rates are $25.50 and $24.00 respectively.

Residential employees ('live-in' workers) earn overtime after 44 hours/week instead of 40, but household workers in non-live-in arrangements (domestic workers, home health aides) earn standard 40-hour overtime under the Domestic Workers Bill of Rights.

New York's 'spread of hours' rule (12 NYCRR §142-2.4) requires an extra hour of pay at the basic minimum wage whenever the span from clock-in to clock-out exceeds 10 hours in a day — even if actual worked hours are less. This is on top of overtime and applies in hospitality, retail, and most non-exempt industries.

Under NY Labor Law §191, manual workers must be paid weekly and within 7 days of the week worked. Recent Vega v. CM & Associates rulings hold that late wages — even if eventually paid — entitle workers to liquidated damages equal to 100% of the late amount.

The Wage Theft Prevention Act requires written wage notices at hire and on every paystub showing regular and overtime rates, hours worked, deductions, and employer info. Missing or inaccurate notices carry per-employee penalties up to $5,000.

New York's 6-year statute of limitations is the longest in the country — three times the federal FLSA window. Combined with mandatory liquidated damages and attorney's fees, this makes NY one of the most worker-favorable states for back-wage recovery.

Tipped hospitality workers (waiters, bartenders) have a tip credit, but service employees in resort hotels, food service, and miscellaneous industries each follow different schedules under the NYS Hospitality Wage Order. Overtime is always calculated from the full minimum wage, with the tip credit subtracted from the cash overtime rate.

The salary threshold for executive and administrative exemptions in 2026 is $1,275/week ($66,300/year) in NYC/LI/WC and $1,161.65/week ($60,406/year) in the rest of NY — significantly higher than the federal $844/week threshold.

Call-in pay (12 NYCRR §142-2.3) guarantees at least 4 hours of pay at the minimum wage if an employee reports to work as scheduled, even if sent home early.