New York overtime rules
- Over 40 hours in a workweek: 1.5× the regular rate for most non-exempt employees.
- Residential employees who live in the employer's home: overtime after 44 hours in a workweek.
- There is no daily overtime in New York.
For a live-in residential employee, enter your hours minus 4 to see the overtime after 44.
Spread of hours pay
If your workday lasts more than 10 hours from start to finish, breaks included, and you earn the minimum wage, you are owed one extra hour at the minimum wage for that day. This is separate from overtime and the calculator does not add it.
Example
$20 an hour, 50 hours in a week: 40 regular hours ($800) and 10 overtime hours at $30 ($300): $1,100 before tax.
Where to ask
The New York State Department of Labor, Division of Labor Standards, handles overtime questions and wage complaints.
Other states
California, Alaska, Colorado, Nevada, Texas, Florida, or the federal overtime calculator. This calculator is a helper, not legal advice: rules have exceptions, so check your employer's policy and the state labor department.
Questions
Does New York have daily overtime?
No. Overtime in New York is counted per workweek, after 40 hours, or after 44 hours for residential live-in employees.
What is spread of hours pay in New York?
One extra hour at the minimum wage for minimum wage workers whose workday spans more than 10 hours from start to finish.