New York Overtime Calculator 2026

Frequently Asked Questions

• What is the overtime rate in New York?

  New York requires overtime pay at 1.5 times (time-and-a-half) the employee's regular rate of pay for all hours worked over the applicable weekly threshold. There is no daily overtime rule in New York (unlike California). The standard weekly threshold is 40 hours for most employees, 44 hours for live-in residential employees, and 52 hours for farm workers in 2026.

• What is the overtime threshold for New York employees in 2026?

  The standard overtime threshold is 40 hours per week for most New York employees — matching the federal FLSA. Exceptions: live-in residential (domestic) employees qualify for overtime after 44 hours per week; farm workers qualify after 52 hours per week in 2026 (the threshold decreases every two years until it reaches 40 hours in 2032).

• Does New York have daily overtime like California?

  No. New York State does not require daily overtime. Overtime is calculated on a weekly basis only. An employee who works 12 hours in one day but only 38 hours total in the workweek does not earn any overtime under New York law (or federal FLSA). Daily overtime rules are a California-specific feature.

• What is the minimum salary to be exempt from overtime in New York in 2026?

  As of January 1, 2026, New York's minimum weekly salary for the executive and administrative overtime exemptions is $1,275 per week ($66,300 per year) for employees in New York City, Nassau County, Suffolk County, and Westchester County, and $1,199.10 per week ($62,353 per year) for all other New York employees. Both thresholds significantly exceed the federal FLSA minimum of $684 per week ($35,568 per year).

• Are tipped employees entitled to overtime in New York?

  Yes. Tipped employees in New York are entitled to overtime at 1.5 times their regular rate of pay for hours over the weekly threshold. Importantly, overtime is calculated based on the full minimum wage rate — not just the cash wage after the tip credit. An employer cannot use the tip credit to reduce the overtime rate below 1.5 times the applicable minimum wage.

• How is overtime calculated for salaried non-exempt employees in New York?

  For salaried non-exempt employees, the regular rate is determined by dividing the weekly salary by the total hours worked that week (or by 40 hours if they work 40 or fewer hours). Overtime is then paid at 0.5 times that regular rate for each hour over the threshold (the 'half-time' method), because the salary already compensates for all hours worked. If you want simple time-and-a-half instead, the employer and employee may agree to that method instead.

• Can a New York employer require employees to work overtime?

  Generally yes — New York law does not limit how many overtime hours an employer can require for most adult employees, and there is no mandatory rest requirement between shifts for most workers. However, employees must be compensated at the overtime rate for all qualifying hours. Some industries have additional restrictions (e.g., healthcare workers have limited mandatory overtime rights).

• What happens if a New York employer doesn't pay overtime?

  Employees may file a wage claim with the New York Department of Labor or file a private civil lawsuit. Under the NY Wage Theft Prevention Act, employees can recover the unpaid overtime wages plus liquidated damages of up to 100% of the unpaid amount (totaling 200% recovery), plus attorneys' fees and costs. The statute of limitations for wage claims in New York is generally 6 years.

• Are farm workers in New York entitled to overtime?

  Yes, since 2020. New York farm workers are entitled to overtime after working more than 52 hours per week in 2026. The threshold decreases by 4 hours every two years: to 48 hours in 2028, 44 hours in 2030, and finally 40 hours per week in 2032 — at which point farm workers will have the same threshold as all other NY employees.

• Do overtime rules apply to independent contractors in New York?

  No. Overtime protections under NY Labor Law and the FLSA apply only to employees — not to true independent contractors. However, New York has strict tests for worker classification, and misclassification of employees as contractors is a serious violation. If a worker is economically dependent on a single employer and subject to the employer's control, they may be legally classified as an employee regardless of any written contract.