Tools · Overtime · New York

New York overtime calculator

Non-exempt employees must be paid 1.5 times their regular hourly rate for all hours over 40 in a payroll week, or over 44 for live-in residential employees.

Prefilled with the New York minimum wage, $16.00 since January 1, 2026. Enter your own rate.

Hours entered as

Special-industry thresholds in the state rule, applied on their own: the federal 40-hour rule is not compared when one is chosen.

Most US employers are. Where both laws apply, the employee gets whichever rule pays more. Untick to apply only the state rule.

Total pay for the workweek

$880.00

50 h worked · effective $17.60 an hour

Pay breakdown
Pay typeHoursRatePay
Regular40 h$16.00$640.00
Overtime (1.5×)10 h$24.00$240.00
Double time (2×)0 h$32.00$0.00
Total50 h$880.00

New York rule. The federal rule gives the same result this week.

  • The special-industry thresholds under "Workplace" are computed on their own, without the federal rule: New York sets them for work its general rule does not cover.

New York law

The New York overtime rule

Non-exempt employees must be paid 1.5 times their regular hourly rate for all hours over 40 in a payroll week, or over 44 for live-in residential employees. Applies to: non-exempt employees.

Overtime thresholds
Weekly overtime after40 h
Daily overtime after—
Overtime rate1.5× the regular rate
Double time—
Live-in residential employeesweekly after 44 h
  • The special-industry thresholds under "Workplace" are computed on their own, without the federal rule: New York sets them for work its general rule does not cover.

Set by New York · verified September 27, 2026

Worked examples

Overtime in New York, worked out

Computed with the same engine as the calculator above.

At $16.00 an hour (New York minimum wage) unless stated. FLSA-covered employer unless stated.
Week workedRegularOvertimeDouble timeTotal pay
50 h in one workweekNew York rule40 h10 h0 h$880.00

Method

How overtime is calculated

  • Per workweek. Overtime is counted in a fixed, recurring workweek of seven consecutive days set by the employer. Hours cannot be averaged across two weeks, so a short week followed by a long one still earns overtime in the long week.
  • On the regular rate. The overtime premium is a multiple of the employee's regular rate, not of the minimum wage. The regular rate is the week's pay divided by hours worked, so non-discretionary bonuses, commissions and shift differentials raise it, and with it the overtime rate. This calculator takes one hourly rate; if the week included a bonus or a differential, the true regular rate is higher.
  • Daily rules. Where a state has daily overtime, hours over the daily threshold are paid as overtime and are not counted again toward the weekly threshold. Only hours paid at the regular rate count toward it.
  • Federal and state together. Where an employer is covered by both the federal FLSA and a state law, the employee is owed whichever gives more. The calculator computes both and shows the higher.

Coverage

Exempt and non-exempt

Overtime is owed to non-exempt employees. An employee is exempt only if the job meets the duties tests and, for most office and professional exemptions, a salary test. A job title, or being paid a salary, does not on its own make someone exempt. This page does not decide whether a job is exempt; the U.S. Department of Labor and state labor agencies do.

Federal: Executive, administrative and professional employees are exempt from minimum wage and overtime only if they meet the duties tests and are paid a salary of at least $684 per week ($35,568 a year).

Source: 29 C.F.R. Part 541
To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week.
Source
agency page
snapshot
September 26, 2026
Notes
The 2024 rule raising the level to $844/$1,128 was vacated in November 2024; DOL enforces the 2019 level of $684.

Verified September 26, 2026

New York: Executives and administrators fall outside New York minimum wage coverage only if they earn more than 75 times the minimum wage rate.

Source
Most people are covered by the minimum wage requirements. However, some people are not. Those who are not covered include: Executives and administrators earning more than 75 times the minimum wage rate
Source
agency page
snapshot
September 27, 2026
Notes
The multiple applies to weekly pay (12 NYCRR 142-2.14); with 2026 minimum wages of $17.00 (NYC, Long Island, Westchester) and $16.00 (rest of state) that is about $1,275 and $1,200 a week; DOL publishes the rest-of-state figure as $1,199.10.

Verified September 27, 2026

4 questions

Questions

How is overtime calculated in New York?

Non-exempt employees must be paid 1.5 times their regular hourly rate for all hours over 40 in a payroll week, or over 44 for live-in residential employees. It applies to non-exempt employees.

Does New York have daily overtime?

The general New York rule has no daily threshold, like federal law: overtime is counted by the workweek, after 40 h. Workers exempt under the FLSA still generally must receive 1.5 times the minimum wage for overtime hours under the Miscellaneous Wage Order. Farm workers have a separate phased threshold (52 hours in a calendar week from January 1, 2026, falling to 40 by 2032), per the same DOL page.

What is time and a half on the New York minimum wage?

The New York minimum wage is $16.00 an hour, so time and a half is $24.00 and double time is $32.00. Overtime is based on the employee's regular rate, so anyone paid more than the minimum earns more per overtime hour.

Does New York require double time?

The New York rule as recorded in our dataset requires no double time; an employer may still offer it by policy or contract.

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