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New York overtime rules

New York pays time and a half after 40 hours in a workweek, as federal law does — but live-in workers wait until 44, and a long or split shift earns an extra hour's pay.

Verified against the US Department of Labor.

Your week

Decimal (46.5) or hours and minutes (46:30).

Attendance, production, safety bonuses and shift differentials count. Gifts and reimbursements do not.

Good to know in New YorkResidential (live-in) workers get premium after 44 hours in a payroll week. Spread-of-hours rule: 1 extra hour at minimum wage when the spread exceeds 10 hours, on a split shift, or both. Certain industries must provide 24 consecutive hours of rest weekly.

What you are owed

Regular rate of payBase rate plus bonus, per hour
$25.26
Straight time40.00 hrs at the regular rate
$1,010.43
Overtime6.00 hrs at 1.5×
$227.35
Double timeNone this week
$0.00
Total gross$1,237.78
Your overtime rate is higher than your hourly rate$9.78 more Your regular rate of pay is $25.26, so your overtime rate is $37.89, not $33.00. Paying overtime at $33.00 would leave you $9.78 short this week.

The rule in New York

In New York, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.

The US Department of Labor's state table adds: “Residential (live-in) workers get premium after 44 hours in a payroll week. Spread-of-hours rule: 1 extra hour at minimum wage when the spread exceeds 10 hours, on a split shift, or both. Certain industries must provide 24 consecutive hours of rest weekly.”

Live-in workers and the spread-of-hours rule

Residential (live-in) workers get premium after 44 hours in a payroll week. Spread-of-hours rule: 1 extra hour at minimum wage when the spread exceeds 10 hours, on a split shift, or both. Certain industries must provide 24 consecutive hours of rest weekly.

What counts toward your regular rate

Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.

Counts

  • Your hourly pay for every hour worked, at each rate you worked
  • Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
  • Commissions
  • Shift differentials for nights, weekends or hazardous work

Does not count

  • Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
  • Expense reimbursements
  • Pay for time not worked: vacation, holidays, sick days

A worked example

New York, 46 hours with a $150 production bonus.Your overtime is not 1.5 × $22. The bonus is spread across all 46 hours first, lifting your regular rate to $25.26, which makes your overtime rate $37.89 instead of $33.00. Paying overtime at $33.00 would leave you $9.78 short for the week.

Common mistakes employers make in New York

  • Leaving out spread-of-hours pay: one extra hour at minimum wage when the workday spans more than 10 hours or includes a split shift.

Other New York pay rules worth knowing

  • Final paycheck if fired: By your next regularly scheduled payday. The date depends on your pay schedule, not on when you were let go.
  • Unused PTO: No statutory payout. A written policy promising payout is enforceable; where no written forfeiture policy exists, accrued vacation is generally paid.
  • Late final pay: There is no automatic penalty. The route is a free wage claim. File a claim for unpaid wages with the NYS Department of Labor, Division of Labor Standards.

New York final paycheck law and deadline calculator →

New York overtime: common questions

Does my employer have to pay overtime if they didn't approve it?

Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in New York as everywhere else under federal law.

Does my bonus change my overtime rate?

Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.

What is New York's spread-of-hours rule?

When the start and end of your workday are more than 10 hours apart, or you work a split shift, you are owed one extra hour at the minimum wage for that day. It is separate from overtime, which New York pays after 40 hours in a workweek — or after 44 for residential live-in workers.

What is a workweek, and can my employer change it?

A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.

If you think you were underpaid

  1. Keep your own record of the hours you worked: a timesheet from this page, photos of the posted schedule, messages about shifts.
  2. Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
  3. File a wage claim — File a claim for unpaid wages with the NYS Department of Labor, Division of Labor Standards. It is free, and you do not need a lawyer.
  4. Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.

Spotted something wrong? Report an error.

Other states that also add their own exception to the 40-hour rule: Kentucky, Minnesota and North Carolina.

Work across a state line? New Jersey overtime rules, Pennsylvania overtime rules and Vermont overtime rules.