NY Overtime Laws: Pay Rate, Salaried Rules and Mandatory Overtime (2026)
Short answerNY overtime laws require time and a half for hours over 40 in a workweek for most employees, under 12 NYCRR § 142-2.2 and the federal Fair Labor Standards Act. Salary alone does not remove that right: only a salaried employee who meets the executive, administrative or professional tests and the minimum weekly salary is exempt.
Last verified: November 11, 2026 against 12 NYCRR Part 142, Labor Law §§ 160, 162, 167 and 663, and 29 U.S.C. § 207
NY overtime laws give most workers a higher rate for long weeks, but the details trip up many employers and employees. These rules follow the federal 40-hour rule, add their own minimum wage order rules, and set a higher salary test than federal law for exempt managers and professionals. This page covers the pay rate, salaried employees, mandatory overtime, the spread of hours rule and the extra rules that apply in New York City. It is general information, not legal advice.
Key facts
- Overtime rate: one and one-half times the regular rate for hours over 40 in a workweek (
12 NYCRR § 142-2.2). - Residential employees: overtime starts after 44 hours in a workweek.
- Salaried employees: exempt only if they meet the duties tests and the minimum weekly salary in
12 NYCRR § 142-2.14. - Mandatory overtime:
Labor Law § 167restricts it for nurses at health care employers. - Spread of hours: one extra hour of pay at the basic minimum rate when the workday spans more than 10 hours (
12 NYCRR § 142-3.4). - Unpaid overtime claims: six years to sue, plus up to 100 percent liquidated damages (
Labor Law § 663).
How do NY overtime laws set the overtime pay rate?
The state wage order requires an employer to pay overtime at one and one-half times the employee’s regular rate, following sections 7 and 13 of the federal Fair Labor Standards Act. The weekly trigger is 40 hours for non-residential employees and 44 hours for residential employees who live on the employer’s premises (12 NYCRR § 142-2.2).
The overtime week is a fixed, repeating period of seven days. Hours are added up per workweek, not per day or per pay period, so a 10-hour Monday does not create overtime by itself.
| Hours worked in the week | Hourly rate | Weekly pay |
|---|---|---|
| 40 hours at $20.00 | $20.00 | $800.00 |
| 45 hours at $20.00 | $20.00 for 40 hours, $30.00 for 5 hours | $950.00 |
| 50 hours at $20.00 | $20.00 for 40 hours, $30.00 for 10 hours | $1,100.00 |
The regular rate includes more than base pay. Under the federal rules the state wage order adopts, nondiscretionary bonuses and shift differentials generally belong in the regular rate before the one-and-one-half multiplier is applied.
Do NY overtime laws cover salaried employees?
Yes, unless they meet an exemption. Under NY overtime laws, a salary does not make someone exempt. The state regulation defines an executive or administrative employee by duties and by a minimum weekly salary, and an employee who fails either test is owed overtime (12 NYCRR § 142-2.14).
- Executive: the primary duty is managing the business or a department, the employee regularly directs two or more other employees, has real say over hiring and firing, regularly uses discretion and earns at least the required weekly salary.
- Administrative: the primary duty is office or non-manual work directly related to management policies or general operations, with regular use of discretion and independent judgment, at or above the required weekly salary.
- Salary level: the minimum differs for New York City, Nassau, Suffolk and Westchester counties, and the rest of the state, and it rises over time. Check the current figures on the New York State Department of Labor (NYSDOL) website before you classify anyone.
Job titles do not decide the question. A “manager” who mostly stocks shelves and has no say in hiring is probably not exempt, even on salary. The state salary minimums are higher than the federal minimum, so an employee can be exempt under federal law and still owed overtime in New York.
Some employees who are exempt under federal law still receive state overtime. For those workers the wage order requires overtime at one and one-half times the basic minimum hourly rate rather than their regular rate. Farm workers are covered by a separate wage order, Part 190.
Is mandatory overtime legal under NY overtime laws?
Mostly yes, with one major exception. Among NY overtime laws, the state’s mandatory overtime statute, Labor Law § 167, says a health care employer may not require a nurse to work beyond the nurse’s regularly scheduled hours. Nurses can still choose to work overtime voluntarily.
The nurse protection has limits. It does not apply during a health care disaster, a declared emergency in the nurse’s county or a contiguous county, an unforeseen staffing emergency that the employer could not prudently plan for, or an ongoing procedure that needs the nurse to stay. Before using an exception, the employer must make a good faith effort to cover the shift voluntarily by calling per diems, agency nurses or off-duty staff.
The Commissioner of Labor can fine an employer up to $1,000 for a first violation, $2,000 for a second within twelve months and $3,000 for a third or later one. I found no state statute that bars mandatory overtime for other private-sector workers, so an employer can usually require it, but it must still pay the overtime rate. A union contract or employment agreement may add limits.
How do NY overtime laws treat spread of hours pay?
Spread of hours pay is one extra hour at the basic minimum hourly wage rate, added to regular pay, on any day when the spread of hours exceeds 10 hours, when there is a split shift, or both (12 NYCRR § 142-3.4). The spread is the time from the start to the end of the workday, including meal breaks and any unpaid gap.
| Situation | Spread of hours pay owed (if the wage order applies)? |
|---|---|
| Shift runs 8 a.m. to 7 p.m. with a lunch break (11 hours) | Yes, spread exceeds 10 hours |
| Two shifts with an unpaid gap between them | Yes, split shift |
| Eight-hour shift with a 30-minute meal period | No, spread is under 10 hours |
Which wage order applies depends on the industry, because some industries, such as hospitality, have their own order. Check your industry’s order with NYSDOL before you count on or deny spread of hours pay.
Can an employer give comp time instead of overtime under NY overtime laws?
Generally no for private employers. The NY overtime laws rate rule follows the federal Fair Labor Standards Act, which requires overtime to be paid in wages for the workweek it was earned. Time off does not replace the required pay, and an agreement to waive overtime is not a defense to a claim.
The state’s eight-hour “legal day’s work” rule in Labor Law § 160 allows overwork at increased pay by agreement, but that statute does not shrink the 40-hour overtime rule in the wage order.
Do meal breaks and rest periods affect overtime?
They can. Under Labor Law § 162, most workers in a mercantile or other covered establishment get at least 30 minutes for a noon meal when they work a shift of more than six hours that covers the 11 a.m. to 2 p.m. period. Meal time that is unpaid and truly free of work does not count toward overtime. If an employer makes you work through the meal, that time is hours worked. Our guide to New York break laws covers the full meal schedule.
New York City rules
New York City note: the overtime rate and the 40-hour rule are the same in the five boroughs as in the rest of the state, since NY overtime laws are statewide, but the minimum weekly salary for exempt managers is set higher for New York City. The city adds a separate rule on scheduling: the NYC Fair Workweek Law, enforced by the Department of Consumer and Worker Protection (DCWP), covers fast food and retail employers and requires advance notice of schedules and premium pay for certain schedule changes.
What can you do if NY overtime laws were not followed?
You can file a wage complaint with NYSDOL or sue in court. Under Labor Law § 663, an employee who is underpaid recovers the unpaid wages, costs, reasonable attorney’s fees, prejudgment interest and, unless the employer proves a good faith basis for the underpayment, an additional 100 percent as liquidated damages. The deadline to sue is six years, and it pauses while a state investigation is open. Keep time records, pay stubs and schedules. Final pay disputes are covered in our guide to the New York final paycheck law.
Real-life scenarios
- A Buffalo assistant manager on a salary: she supervises no one and has no hiring say, so the salary does not make her exempt, and she is owed time and a half over 40 hours.
- A Manhattan office worker on a long day: a shift from 8 a.m. to 7 p.m. creates a spread of more than 10 hours, which triggers an extra hour of pay for minimum wage workers under the regulation.
- A hospital nurse told to stay after a shift: unless an emergency exception applies,
Labor Law § 167bars the employer from requiring the extra hours. - A warehouse worker paid straight time for 48 hours: the worker can claim the missing half-time premium for the extra 8 hours, plus liquidated damages.
Myths and facts about NY overtime laws
- Myth: A salaried employee never gets overtime. Fact: Only salaried employees who meet the duties tests and the salary minimum are exempt.
- Myth: Employers can require overtime only when it is an emergency. Fact: Outside the nurse rule, state law does not ban mandatory overtime, but it must be paid.
- Myth: Signing an agreement to work for flat pay waives overtime. Fact: Under
Labor Law § 663, an agreement to work for less than the required wage is no defense. - Myth: Overtime is calculated per day. Fact: The state rule counts hours per workweek.
Frequently asked questions
What are the NY overtime laws for salaried employees?
Under NY overtime laws, salaried employees are owed time and a half over 40 hours unless they meet the executive or administrative duties tests and earn at least the minimum weekly salary for their region. Failing either test means overtime is owed.
Is mandatory overtime legal in NY?
Generally yes for private-sector workers, but Labor Law § 167 bars health care employers from requiring nurses to work beyond scheduled hours, except in the emergencies the statute lists. Overtime hours must still be paid at the overtime rate.
How many hours is overtime in New York?
Overtime starts after 40 hours in a workweek for most employees and after 44 hours for residential employees. The rate is one and one-half times the regular rate.
Does New York have daily overtime?
Not as a general rule. The wage order counts hours per workweek. Spread of hours pay is a separate rule that can add one hour of pay on days that span more than 10 hours.
How far back can I claim unpaid overtime in New York?
Six years. Labor Law § 663 sets a six-year limit for wage claims, and the clock is tolled while a NYSDOL complaint or investigation is pending.
Does the NYC Fair Workweek Law require overtime?
No. It covers scheduling for fast food and retail workers, such as advance notice of schedules and premium pay for changes. Overtime pay still follows NY overtime laws and federal rules.
What changed on this page
- November 11, 2026: first publication, checked against
12 NYCRR §§ 142-2.2, 142-2.14 and 142-3.4,Labor Law §§ 160, 162, 167 and 663and29 U.S.C. § 207. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
If you think you were shorted on overtime, start with the New York State Department of Labor, which takes wage complaints and publishes the current salary thresholds and wage orders. In New York City you can also contact the Department of Consumer and Worker Protection about scheduling rules. An employment attorney licensed in New York can review your pay records, and the New York State Bar Association lawyer referral service can help you find one. For related topics, browse work and pay laws or read our overview of New York labor laws.
