New York Overtime Law: Daily Overtime, the 40-Hour Rule, and Exemptions

In New York, overtime is calculated on a weekly basis: most employees must be paid 1.5 times their regular rate of pay for every hour worked over 40 in a workweek. New York does not have a general daily-overtime rule. Unlike California, working more than 8 hours in a single day does not, by itself, trigger overtime in New York. There is no premium for the 9th, 10th, or 12th hour of a shift unless those hours push the weekly total above 40. This makes New York's core overtime structure similar to the federal Fair Labor Standards Act (FLSA), but New York layers on stronger protections: higher salary thresholds for exemptions, a longer time limit to sue, and additional rules like spread-of-hours pay.

The 40-Hour Weekly Rule

The federal baseline under the FLSA requires overtime at 1.5x the regular rate after 40 hours in a workweek, and sets the federal minimum wage at $7.25 per hour. New York adopts the same weekly-40 trigger but pairs it with a much higher minimum wage. As of 2026, New York's minimum wage is approximately $17.00 per hour in New York City, Long Island (Nassau and Suffolk), and Westchester County, and about $16.00 per hour in the rest of the state. These figures are scheduled to increase annually and are then indexed to inflation, so confirm the current rate with the New York State Department of Labor before relying on it.

Your "regular rate" is not just your base hourly wage. It generally includes non-discretionary bonuses, shift differentials, and commissions, spread across the hours worked. An employer cannot avoid overtime by paying a flat salary to a non-exempt worker; salaried non-exempt employees are still owed time-and-a-half when they exceed 40 hours.

A "workweek" is a fixed, recurring 168-hour period (seven consecutive 24-hour days). Employers cannot average two weeks together to dodge overtime. If you work 30 hours one week and 50 the next, you are owed 10 hours of overtime for the second week even though the two-week average is 40.

No Daily Overtime, but Watch for Spread of Hours

Because New York has no daily-overtime requirement, a long single shift does not automatically earn a premium. However, New York has a distinct rule called "spread of hours." When the span between the start and end of an employee's workday exceeds 10 hours (including breaks and unpaid meal periods), the employee is generally entitled to one additional hour of pay at the basic minimum wage rate for that day. This applies most clearly to workers paid at or near minimum wage, and the hospitality industry has its own specific spread-of-hours requirements. Spread-of-hours pay is separate from overtime and is not multiplied by 1.5.

Who Is Exempt

New York recognizes the familiar "white collar" exemptions for bona fide executive, administrative, and professional employees, as well as outside sales. To be exempt, a worker generally must meet both a duties test (the actual job responsibilities) and a salary test (a minimum guaranteed salary). Job titles do not control; the real day-to-day duties do.

The salary thresholds matter because New York's are higher than the federal level. Under federal law, the standard salary threshold for the executive and administrative exemptions is currently $684 per week ($35,568 per year), an amount that has been the subject of recent litigation and rulemaking. New York sets its own, higher executive and administrative salary thresholds that vary by region (New York City, Long Island, and Westchester have a higher threshold than the rest of the state) and that increase over time. As of recent years these thresholds have exceeded $1,200 per week downstate. Because these numbers change on a published schedule, verify the exact current threshold for your region with the New York State Department of Labor rather than assuming a figure.

Importantly, New York's professional exemption does not carry a state salary threshold in the same way; it relies on the duties test and the federal salary floor. Note also a New York twist: certain employees who are exempt from overtime under the FLSA may still be entitled to overtime at 1.5 times the state minimum wage under New York's Miscellaneous Industries wage order, even if not at 1.5 times their own higher regular rate.

Common categories that are typically not entitled to standard overtime include genuine executives, certain administrative and professional staff, outside salespeople, and some categories of agricultural and domestic workers (though New York has expanded protections for both groups in recent years, including overtime after a weekly hour threshold for farm workers). Independent contractors are not covered, but misclassification is common, and being labeled a "contractor" or paid on a 1099 does not by itself make you one.

How to Recover Unpaid Overtime

New York gives workers strong tools to recover unpaid overtime. The key advantage over federal law is time: the New York Labor Law has a 6-year statute of limitations for unpaid wage and overtime claims. By contrast, the FLSA generally allows only 2 years, or 3 years for willful violations. That longer window can dramatically increase the amount you are able to recover.

New York also allows recovery of liquidated damages of up to 100% of the unpaid wages (effectively doubling the award) unless the employer proves it acted in good faith, plus interest and attorney's fees. Employers who fail to provide proper wage statements or notices can face additional penalties.

You have two main paths:

• File a claim with the New York State Department of Labor (NYSDOL). The Division of Labor Standards investigates unpaid wage and overtime complaints. You can file using the agency's wage claim form (commonly the LS 223). There is no fee, and you do not need a lawyer to file.
• File a private lawsuit. You can sue in court, individually or as part of a collective or class action, often combining FLSA and New York Labor Law claims to maximize damages. Many workers do this with an attorney who takes the case on contingency.

Before filing, gather evidence: pay stubs, timesheets, schedules, text messages about hours, and your own contemporaneous record of start and end times. New York requires employers to keep accurate time and pay records, and gaps in the employer's records can work in the employee's favor.

Retaliation is illegal. New York law prohibits firing, demoting, cutting hours, or otherwise punishing a worker for asserting wage rights or filing a complaint, and provides remedies if it happens.

Where to Verify

The authoritative source is the New York State Department of Labor (NYSDOL), which publishes the current minimum wage rates, the regional exemption salary thresholds, the applicable wage orders, and instructions for filing a wage claim. For federal overtime questions, consult the U.S. Department of Labor's Wage and Hour Division. Because minimum wage and exemption thresholds in New York rise on a set schedule and then track inflation, always confirm the exact current figure with NYSDOL before acting on any specific number, and consider speaking with an employment attorney about your individual situation.

Official New York Sources

This page is based on New York employment law. Rules and figures change — verify the current details directly with the official New York sources below. This is general legal information, not legal advice.

• New York State Department of Labor — official New York agency.
• File a Labor Standards Wage Theft Claim
• New York Labor Law (Consolidated Laws, Chapter 31)

Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside New York state law.