New York Overtime Laws
New York has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$15.50
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
Rest of State minimum wage is $15.50/hour.
NYC, Nassau, Suffolk, and Westchester minimum wage is $16.50/hour.
Residential employees (live-in) have different overtime rules (after 44 hours).
State Labor Department
New York Economy and Workforce
New York has the third-largest state economy in the nation with a gross state product of $2.322 trillion in 2024. The state is a global center for finance, media, healthcare, and technology, with New York City alone producing a gross metropolitan product exceeding $2.6 trillion. The securities industry, tourism, and emerging technology sectors continue to drive economic growth.
Industries with Common Overtime
These New York industries frequently involve overtime work situations:
Finance and Securities
Wall Street professionals, analysts, and back-office staff frequently work 60-80 hour weeks during earnings seasons and major transactions.
Healthcare
Hospital staff, nurses, and home health aides regularly work overtime shifts, with many facilities operating 24/7.
Hospitality and Food Service
Restaurant workers, hotel staff, and event workers often exceed 40 hours weekly, especially in New York City's busy hospitality scene.
Construction
Building trades workers on major development projects frequently work overtime to meet project deadlines.
Retail
Retail employees work extended hours during holiday seasons and major sales events throughout the state.
Frequently Asked Questions
New York has higher salary thresholds than federal law. As of January 1, 2025, employees in New York City, Long Island, and Westchester must earn at least $1,237.50 per week ($64,350 annually) to qualify for executive or administrative exemptions. In the rest of New York State, the threshold is $1,161.65 per week ($60,405.80 annually).
Yes, as of January 1, 2024, farm workers in New York must be paid overtime at 1.5 times their regular rate for hours worked over 56 in a calendar week. This threshold will gradually decrease to 40 hours by 2032.
As of January 1, 2025, the minimum wage in New York City, Long Island, and Westchester County is $16.50 per hour (overtime rate: $24.75), while the rest of New York State has a minimum wage of $15.50 per hour (overtime rate: $23.25).
How to File a Wage Claim in New York
If you believe you are owed overtime pay, follow these steps:
Complete the Labor Standards Complaint Form (LS223) available on the New York State Department of Labor website.
Gather supporting documents such as pay stubs, time records, cancelled checks, and any benefit policies.
Submit your claim online through the Department of Labor portal, or by mail to the Division of Labor Standards in Albany.
The Department will investigate to determine if they can legally intervene and whether a violation has occurred.
If a violation is confirmed, the employer must repay wages owed; failure to comply results in an Order to Comply from the Commissioner of Labor.
Important New York Consideration
New York requires employers to pay non-exempt employees a spread of hours premium, which is an extra hour of pay at the minimum wage rate when the workday spans more than 10 hours from start to finish, regardless of how many hours were actually worked. This applies even if the employee takes long unpaid breaks during the day.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.