New York overtime follows federal law in one important way — and diverges in ways that cost workers money when they don't know the difference.
The federal rule is 1.5 times your regular rate after 40 hours in a workweek. New York uses the same threshold. But New York's salary cutoff for overtime exemption is nearly double the federal one. In 2026, a salaried employee in New York City must earn at least $1,237.50 per week — $64,350 per year — to be exempt from overtime. The federal threshold is $684 per week. A manager in Manhattan earning $55,000 a year is exempt under federal law and entitled to overtime under New York law. That difference is real money.
There's also a rule that almost no one outside New York knows about: spread of hours pay. If your shift spans more than 10 hours — including any unpaid breaks — your employer owes you one extra hour at the minimum wage, on top of your regular pay. It's not overtime. It's a separate entitlement under New York Labor Law.
New York Overtime: Where It Follows Federal Law and Where It Doesn't
The federal Fair Labor Standards Act (29 U.S.C. § 207) requires employers to pay covered, non-exempt employees 1.5 times their regular rate for all hours worked beyond 40 in a single workweek. New York Labor Law Article 19 (specifically § 652 and the Minimum Wage Order for the relevant industry) adopts the same 40-hour weekly threshold. On this fundamental point, federal and New York state law agree: overtime begins at hour 41 in a workweek.
No daily overtime in New York: New York does not require overtime for daily hours beyond 8 in a single day, unlike California (which triggers daily overtime after 8 hours under Lab. Code § 510). In New York, a worker who puts in 12 hours one day and 28 hours the rest of the week — totaling 40 hours — owes no overtime. The calculation is weekly, not daily.
Where New York diverges sharply: salary level thresholds, spread of hours pay, and enforcement mechanisms. Each of these is discussed in detail in subsequent sections. The result is that a worker who has no federal overtime claim may have a New York State claim — and vice versa.
Why NYLL matters even for federal workers: The New York Labor Law applies to virtually all private employers in New York, including employers who also meet the coverage thresholds for the FLSA. Workers can pursue claims under both laws. Because NYLL has a 6-year statute of limitations (compared to 2–3 years for FLSA), workers can often recover for periods of underpayment that would be time-barred under the federal claim.
The 2026 Salary Cutoff: $64,350 in NYC
The salary level threshold is the minimum a salaried employee must earn to qualify for the executive, administrative, or professional exemption from overtime. Below the threshold, a salaried employee is entitled to overtime regardless of their job title or duties. Above the threshold, the employee may be exempt — but only if their duties also qualify under the applicable duties test.
New York 2026 salary thresholds (weekly / annual): — New York City, Long Island, and Westchester County: $1,237.50/week ($64,350/year) — Rest of New York State: $1,161.65/week ($60,405.80/year)
Federal 2026 salary threshold: $684/week ($35,568/year) under 29 C.F.R. § 541.600
The practical consequence: A salaried worker in NYC earning $55,000/year earns $1,057.69/week — above the $684 federal threshold but below the $1,237.50 New York City threshold. Under FLSA, they may be classified as exempt. Under NYLL, they are entitled to overtime for hours beyond 40. The employer who fails to pay overtime violates New York law even if federal law would not require it.
Why New York's threshold is higher: New York has indexed its salary threshold to minimum wage levels and cost of living in high-wage regions, resulting in a much higher cutoff than the federal standard. The 2026 NYC threshold of $1,237.50/week reflects multiple years of scheduled increases under New York's Minimum Wage Order.
The duties test still applies: Passing the salary threshold is necessary but not sufficient to be exempt. The employer must also show that the employee's primary duties meet the executive, administrative, or professional duties test under New York law. A worker earning $2,000/week who mostly performs manual or routine tasks may still be non-exempt based on duties even though their salary exceeds the threshold.
Spread of Hours Pay: New York's Hidden Overtime Rule
Spread of hours pay is one of the least-known provisions of New York Labor Law — and one of the most frequently violated by employers. It is not overtime. It is a separate entitlement under New York's Minimum Wage Order (12 NYCRR § 142-2.4 for most industries; similar provisions exist in other industry-specific orders).
What it is: If an employee's shift spans more than 10 hours in a single day — measured from the time the employee starts work to the time they finish, including any meal breaks or other intervals — the employer owes that employee one additional hour of pay at the applicable minimum wage. This extra hour is on top of all other pay for the day, including overtime if applicable.
Example: A restaurant worker starts at 10 AM and finishes at 9 PM, with a one-hour unpaid meal break. The spread of hours is 11 hours (10 AM to 9 PM). Even if the employee only worked 10 actual hours, the shift spanned more than 10 hours, triggering spread of hours pay — one additional hour at New York City's $16.50 minimum wage ($16.50 extra for that day).
Who is covered: Spread of hours pay applies to workers in industries covered by the applicable Minimum Wage Order. This includes most hospitality workers, retail employees, and workers in other sectors covered by general wage orders. It applies only to employees earning at or near minimum wage — specifically, the additional hour of pay is at the minimum wage, and employers are not required to pay spread of hours if the employee's total daily earnings already exceed what they would earn including the extra hour.
Why most workers don't know about it: Unlike overtime, spread of hours pay is not part of the FLSA. Federal law does not require it. It appears only in New York's Minimum Wage Orders, which are administrative regulations, not statutes. Most employment law articles focus on FLSA, which means spread of hours consistently falls through the cracks.
Who Is Exempt from Overtime in NY?
New York exemptions from overtime follow federal exemption categories but apply the higher New York salary threshold. Three primary white-collar exemptions apply:
Executive exemption: The employee's primary duty is management of the enterprise or a department; they regularly direct the work of at least two full-time employees; and they have authority to hire, fire, or make recommendations about employment decisions that are given particular weight. Salary must be at least $1,237.50/week in NYC.
Administrative exemption: The employee's primary duty is office or non-manual work directly related to management or general business operations; their work includes the exercise of discretion and independent judgment with respect to matters of significance. Salary must be at least $1,237.50/week in NYC.
Professional exemption: The employee's primary duty requires advanced knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction (learned professional), OR the primary duty requires invention, imagination, originality, or talent in a recognized artistic field (creative professional). Salary must be at least $1,237.50/week in NYC.
Common misclassification traps: — Job title alone does not create exemption. A worker called "assistant manager" who mostly stocks shelves is not exempt. — Discretion requirement is strict. Employees who follow established routines or must seek approval for decisions are often non-exempt even if their salary is high. — Outside sales exemption: Employees whose primary duty is making sales or obtaining orders away from the employer's place of business may be exempt regardless of salary — but this requires truly outside sales work, not inside calls.
Employers who misclassify workers as exempt expose themselves to back pay for up to 6 years under NYLL, liquidated damages (doubling the back pay), and attorney fees.
How to Calculate New York Overtime
New York overtime is calculated at 1.5 times the regular rate of pay for hours worked beyond 40 in a workweek. The regular rate must include all remuneration for employment except specifically excluded payments.
Hourly employees: Multiply the hourly rate by 1.5. Simple.
Salaried non-exempt employees: The regular rate is the weekly salary divided by the number of hours the salary was intended to cover (usually 40). Then multiply by 1.5 for overtime hours.
Example: A non-exempt employee earning $800/week (40 hours/week) who works 50 hours. Regular rate = $800 ÷ 40 = $20/hour. Overtime rate = $20 × 1.5 = $30/hour. Pay = $800 (regular pay for 40 hours) + (10 × $30) = $800 + $300 = $1,100 total.
Including bonuses in the regular rate: Non-discretionary bonuses and commissions must be included in the regular rate calculation for overtime weeks. A production bonus, attendance bonus, or any bonus promised in advance is non-discretionary and adds to the regular rate. Example: A worker earns $600/week in wages plus a $100 non-discretionary production bonus in a 50-hour week. Regular rate = ($600 + $100) ÷ 50 hours = $14/hour. Overtime rate = $14 × 1.5 = $21. Overtime premium = $21 × 10 hours = $210. Total = $700 + $210 = $910.
Discretionary bonuses: Bonuses given at employer discretion with no prior promise or formula are excluded from the regular rate. Year-end holiday gifts given at the employer's sole discretion are the classic example. These do not affect overtime calculations.
Piece-rate workers: The regular rate is total piece-rate earnings divided by total hours worked in the workweek. Overtime is then paid at 0.5 times the regular rate for hours beyond 40 (the "half-time" or "fluctuating workweek" approach — different from the standard salaried approach but permissible for piece-rate).
Filing a Claim: NYLL vs FLSA
Workers with potential overtime claims in New York can pursue remedies under both the FLSA and NYLL simultaneously. The two laws differ in significant ways that affect what a worker can recover.
Statute of limitations: — FLSA: 2 years for ordinary violations; 3 years for willful violations — NYLL: 6 years for all violations
This is the most consequential difference in practice. A worker underpaid for overtime from 2020 through 2026 can recover all 6 years under NYLL but only 2–3 years under FLSA. NYLL's longer lookback period dramatically increases potential recovery for wage theft that occurred over multiple years.
Liquidated damages: — FLSA: Employees may recover liquidated damages equal to the back pay owed, but the employer can avoid liquidated damages by proving good faith and reasonable belief that the practice was lawful — NYLL: Liquidated damages of 100% of underpaid wages are automatic unless the employer proves a good-faith basis for the violation. The burden is on the employer, and courts apply it strictly.
Attorney fees: — Both FLSA and NYLL provide for attorney fees to prevailing employees. This makes attorneys willing to take wage theft cases on contingency — the fee-shifting provision means workers can pursue claims without upfront legal costs.
How to file a claim in New York: — Administrative route: File a complaint with the New York State Department of Labor (NYDOL) through labor.ny.gov/formsdocs/factsheets/pdfs/p715.pdf. The NYDOL investigates and can recover back wages and liquidated damages through an administrative process. — Private lawsuit: File directly in court under NYLL and/or FLSA. Many workers choose this route because it can be faster and allows greater control over the process. Class actions are common for wage theft affecting multiple employees.
Retaliation: Your Rights If You Complain About Overtime
Federal and New York law both prohibit employers from retaliating against employees who complain about unpaid overtime or other wage violations. Understanding these protections is critical because fear of retaliation often prevents workers from pursuing legitimate claims.
FLSA § 15(a)(3): Prohibits employers from discharging or in any other manner discriminating against an employee because the employee filed a complaint, instituted any proceeding, or testified in any proceeding under the FLSA. This protection extends to informal complaints to supervisors — not just formal administrative filings.
NYLL § 215: New York's anti-retaliation provision is broader than the federal version. It prohibits retaliation for complaining about violations of New York Labor Law, including minimum wage, overtime, and spread of hours violations. The protection covers internal complaints (to a supervisor or HR), external complaints (to the NYDOL or a private attorney), and complaints from coworkers who did not personally experience the violation.
What constitutes retaliation: Termination is the obvious form, but retaliation also includes demotion, reduction in hours, unfavorable schedule changes, hostility, or any adverse action that would discourage a reasonable employee from complaining. Courts look at the totality of circumstances, not just formal employment actions.
How to document: If you have raised a wage complaint and experienced adverse treatment, create a contemporaneous record. Note dates, what was said or done, who was present, and how your situation changed after you complained. Email records and written communications are the strongest evidence. If possible, document the wage violation itself — keep copies of pay stubs, time records, and any communications about your schedule or pay.
Statute of limitations for retaliation claims: FLSA retaliation claims follow the same 2–3 year period. NYLL retaliation claims have a 2-year statute of limitations. Time matters — do not delay if you believe you have experienced retaliation.
Using the Calculator and Official Resources
TheLegalCalc's New York Overtime Calculator at /overtime-pay-calculator/new-york calculates overtime pay for hourly and salaried non-exempt employees in New York. Enter your hourly rate (or weekly salary and hours), total hours worked in the workweek, and any non-discretionary bonuses. The calculator applies the correct overtime rate (1.5×) and adjusts for the regular rate when bonuses are included.
The calculator does not calculate spread of hours pay (which requires day-level data) or perform the salary threshold analysis. Use the salary thresholds described above — $1,237.50/week for NYC/LI/Westchester, $1,161.65/week for the rest of the state — to determine whether a salaried employee is even eligible for overtime before running the calculation.
Official sources and resources: — NY Labor Law Article 19: Available at labor.ny.gov/formsdocs/wp/correction-law-article-23.pdf and through the state legislature's website at nysenate.gov — NYDOL Wage and Hour Division: labor.ny.gov/workerprotection/laborstandards/workprot/lshmpg.shtm — File a wage complaint with NYDOL: labor.ny.gov/workerprotection/laborstandards — Federal DOL Wage and Hour Division (for FLSA claims): dol.gov/agencies/whd — FLSA overtime text: 29 U.S.C. § 207
For workers who believe they have been misclassified or denied overtime, consult an employment attorney. Many New York employment lawyers handle wage theft cases on contingency, meaning no upfront cost if they accept the case. The New York City Bar Association (nycbar.org) and the New York State Bar Association (nysba.org) offer lawyer referral services.
This calculator applies New York overtime rules under NY Labor Law Article 19 and the FLSA (29 U.S.C. § 207). Spread of hours pay, misclassification analysis, and multi-state employment situations may require additional analysis not reflected in this calculator. This is a planning estimate — not legal advice. Consult a New York employment attorney if you believe you have been denied overtime pay.
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Frequently asked questions
New York overtime law requires employers to pay non-exempt employees 1.5 times their regular rate for all hours worked beyond 40 in a workweek, under NY Labor Law Article 19 and the FLSA. New York's key difference from federal law is its higher salary threshold for the overtime exemption: $1,237.50/week ($64,350/year) in NYC, Long Island, and Westchester County, versus $1,161.65/week ($60,405/year) in the rest of the state. The federal threshold is only $684/week. A salaried employee earning between the federal and state thresholds may be exempt under federal law but entitled to overtime under New York law.
For 2026, the salary threshold below which all salaried employees are entitled to overtime is $1,237.50 per week ($64,350 per year) in New York City, Long Island, and Westchester County. In the rest of New York State, the threshold is $1,161.65 per week ($60,405.80 per year). These are significantly higher than the federal FLSA threshold of $684 per week ($35,568 per year). Employees earning below the applicable state threshold are entitled to overtime under NYLL even if their salary exceeds the federal minimum.
Spread of hours pay is a New York-only rule under the Minimum Wage Order (12 NYCRR § 142-2.4) that requires employers to pay one additional hour at the minimum wage when an employee's shift spans more than 10 hours in a single day — measured from start to finish, including unpaid breaks. For example, a shift from 9 AM to 8 PM spans 11 hours, triggering one additional hour of pay at the applicable minimum wage ($16.50 in NYC in 2026), even if total hours worked were only 10. This is separate from overtime and applies to workers earning at or near minimum wage.
Overtime in New York is 1.5 times the regular rate of pay for all hours over 40 in a workweek. For hourly workers, the overtime rate is simply hourly rate × 1.5. For salaried non-exempt workers, the regular rate is weekly salary divided by 40 hours (or the intended hours), and overtime is that rate × 1.5. Non-discretionary bonuses and commissions must be included in the regular rate — add the bonus to the week's total earnings, divide by total hours worked to get the regular rate, then apply 1.5× to overtime hours. Spread of hours pay (one hour at minimum wage for shifts spanning 10+ hours) is calculated separately.
Yes. Workers can sue for unpaid overtime under the New York Labor Law (NYLL) and/or the FLSA. Under NYLL, the statute of limitations is 6 years — longer than the 2–3 years under federal law. NYLL also provides automatic liquidated damages equal to 100% of unpaid wages (effectively doubling the recovery) unless the employer proves good faith. Both laws provide for attorney fees to prevailing employees, meaning many employment lawyers accept wage theft cases on contingency. You can also file an administrative complaint with the New York State Department of Labor at labor.ny.gov without hiring an attorney.
Related reading
- California Overtime: Daily Rules & Rights 2026
California adds daily overtime on top of federal weekly rules. After 8 hours/day: 1.5x. After 12 hours/day: 2x. Learn the exact rules under Cal. Labor Code Section 510 and how to calculate what you are owed.
- Texas Overtime Laws: Federal Rules 2026
Texas follows federal FLSA overtime — 1.5x after 40 hours per week, no daily rules. Learn who qualifies, the salary threshold, and what to do if your employer underpays.
- Texas Wage Garnishment Protections 2026
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