New York overtime law

Who is exempt

Executive, administrative and professional staff, outside salespeople, government workers, some volunteers, interns and apprentices, taxi drivers, camp counselors, part-time babysitters, and some religious or charitable workers. Source: dol.ny.gov↗ (opens in a new tab)

Industry-specific rules

Farm workers get overtime after 52 hours a week from January 1, 2026, falling to 48 hours in 2028, 44 in 2030 and 40 in 2032. Source: dol.ny.gov↗ (opens in a new tab)

Penalties

The New York State Department of Labor, Division of Labor Standards enforces this rule; penalty amounts aren't set out in the guidance linked here. Source: dol.ny.gov↗ (opens in a new tab)

Recent changes

From January 1, 2026, the exempt salary rose to $1,275.00 a week (NYC, Long Island, Westchester) and $1,199.10 a week elsewhere, and the farm overtime threshold dropped to 52 hours. Source: dol.ny.gov↗ (opens in a new tab)

The law and where to check

The law: 12 NYCRR § 142-2.2 (Minimum Wage Order for Miscellaneous Industries) (opens in a new tab)

The agency: New York State Department of Labor, Division of Labor Standards (opens in a new tab)

What federal law says

The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)

Free tool: work out overtime pay with our State Overtime Calculator.

Overtime checklist for New York employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
2. Set your workweek (a fixed, repeating 7-day period).
3. Track all hours worked, including daily hours if your state has daily overtime.
4. Pay overtime at 1.5 times the regular rate, including bonuses where required.
5. Use our free State Overtime Calculator to check the numbers.
6. Keep time and pay records.

More New York employment law guides

• All New York employment laws
• New York final paycheck law
• New York paid sick leave law
• New York meal and rest break laws
• New York pay frequency law
• New York vacation and PTO payout law
• New York new hire reporting
• New York at-will exceptions

Overtime laws in other states

See every state on one page, or pick a state:

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• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.