New York sets its own overtime rules on top of federal law: 1.5 times after 40 hours a week, plus extras like spread of hours pay that the FLSA never gives you. Enter your rate and hours for a New York paycheck estimate.
Rules verified November 2026 · Sources: U.S. Department of Labor
By Mudassir Khan
NY Labor Law rules, no daily overtime. Each workweek stands alone.
New York adds spread of hours pay on top of overtime for days spanning more than 10 hours. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
New York Labor Law requires 1.5 times the regular rate for hours over 40 in a workweek for nonexempt workers, and the NY wage orders pile on extras. Where the two laws differ, you get whichever rule pays more.
A New York workday that spans more than 10 hours from first clock in to last clock out earns an extra hour of pay at the full minimum wage, $17.00 downstate or $16.00 upstate in 2026. An unpaid lunch break does not shrink the span.
New York gives workers six years to pursue unpaid wages, one of the longest windows in the country, versus two years under the FLSA. Courts can also add liquidated damages of 100 percent of the unpaid wages.
Gross = (40 × rate) + (hours over 40 × rate × 1.5) + spread of hours pay
| Rule | New York |
|---|---|
| Overtime rule | 1.5 times pay after 40 hours a week under NY Labor Law, plus spread of hours pay for days spanning more than 10 hours |
| Minimum wage 2026 | $17.00 in NYC, Long Island, and Westchester; $16.00 in the rest of the state |
| State income tax | Yes, graduated rates up to 10.9 percent (plus NYC local tax) |
| Claim agency | New York State Department of Labor, Division of Labor Standards |
| Claim deadline | 6 years from the date each wage was due |
| Worker | Math | Gross |
|---|---|---|
| $25/hr, 45 hours | $1,000 + 5 × $37.50 | $1,187.50 |
| $17/hr (NYC minimum), 50 hours | $680 + 10 × $25.50 | $935.00 |
| $22/hr, 45 hours with one 11 hour spread day | $880 + 5 × $33, plus $17 spread of hours pay | $1,062.00 |
| $16/hr (upstate minimum), 40 hours | 40 × $16, no overtime | $640.00 |
Example 3 shows the New York extra: the overtime math is the same as anywhere else, but the 11 hour day span adds one hour at the $17 downstate minimum wage. No other state on this site does that.
Two minimum wage tiers. Since January 1, 2026, New York City, Long Island, and Westchester pay $17.00 an hour while the rest of the state pays $16.00. Commuters who work in both zones get tricky, so your overtime rate follows the zone where the hours were actually worked.
Exemption is harder to earn in New York. Federal law lets employers classify workers as exempt executives or administrators at $684 a week. New York demands $1,275 a week downstate or $1,199.10 upstate in 2026, plus the duties tests. Many salaried New Yorkers counted as exempt under federal law are nonexempt under state law.
Taxes take a real bite. New York taxes wages at graduated rates up to 10.9 percent, and New York City layers its own local tax on top of that. Overtime premiums here shrink more between gross and take home than in almost any other state on this site.
Another state that goes beyond federal rules is California, with daily overtime: see our California overtime calculator. The federal baseline is explained in the FLSA overtime rules guide.
Yes. New York Labor Law requires 1.5 times the regular rate for hours over 40 in a workweek, and NY wage orders add extras the FLSA never gives, including spread of hours pay. Federal rules still apply too, and the worker gets whichever is more favorable.
An extra hour of pay at the full minimum wage for any day that spans more than 10 hours from start to end, even with an unpaid meal break in the middle. In 2026 that is $17.00 an hour downstate (NYC, Long Island, Westchester) and $16.00 upstate.
$17.00 an hour in New York City, Long Island (Nassau and Suffolk), and Westchester County, and $16.00 an hour in the rest of the state, effective January 1, 2026.
With the New York State Department of Labor, Division of Labor Standards, or in court. New York gives you six years from the date each wage was due, one of the longest windows in the country, and courts can add 100 percent liquidated damages.
Yes. New York taxes wages at graduated rates up to 10.9 percent, and New York City adds its own local tax on top. A meaningful slice of every overtime premium goes to the state.
Only if they are nonexempt, and New York makes exemption harder than federal law does. Executive and administrative workers must earn at least $1,275 a week downstate or $1,199.10 upstate in 2026, far above the federal $684 floor, and pass the duties tests.
Rates and rules checked against these sources in November 2026.
Want the same math without the New York framing? Use the overtime pay calculator. Wondering what the no tax on overtime deduction does to a New York paycheck? Try the deduction calculator, with New York income tax in the mix, the federal deduction matters more here.