New York maintains statewide overtime rules under its Minimum Wage Orders, while regional minimum wage rates and industry-specific wage orders continue to shape who is overtime-eligible and at what pay rates.
Key 2026 updates include regional minimum wage increases, the continued phase-down of the farm labor overtime threshold, and updated salary thresholds for certain exemptions.
Overview of New York Overtime Laws
New York overtime rules are set by the State’s Minimum Wage Orders and operate alongside federal FLSA standards:
- Standard Overtime Rate: Most non-exempt employees must be paid 1.5× their regular rate for all hours worked over 40 in a workweek. Certain residential employees receive overtime after 44 hours/week.
- No Daily Overtime Rule: Overtime is calculated weekly; longer-than-usual workdays do not, by themselves, trigger overtime.
- No Double-Time Requirement: New York law does not require double-time pay; parties may agree to higher rates by contract or CBA.
- Agricultural Worker Threshold: In 2026, farm laborers earn overtime after 56 hours/week; the threshold is scheduled to gradually decrease to 40 hours by 2032.
- Hours Worked Basis: Overtime is based on hours actually worked in the workweek; paid time off (e.g., vacation, holidays, sick leave) is not counted as hours worked for overtime purposes.
The following table summarises the key provisions affecting overtime calculations across New York’s regions and industries.
| Change Area |
2026 Update / Detail |
| Regional Minimum Wage (2026 rates) |
Effective January 1, 2026: $16.50/hour in New York City, Long Island & Westchester; $15.50/hour in the remainder of New York State. |
| Executive & Administrative Salary Thresholds (state) |
On and after January 1, 2026: $1,237.50/week in NYC, Nassau, Suffolk, and Westchester; $1,161.65/week in the remainder of the state. |
| Farm Labor Overtime Threshold |
From January 1, 2026, farm laborers earn overtime after 56 hours in a week. The threshold will drop by 4 hours every other year until it reaches 40 hours in 2032. |
| Domestic Workers Overtime |
Time-and-a-half after 40 hours in a week (or after 44 hours if the worker lives in the employer’s home); right to a weekly day of rest or overtime pay if they agree to work that day. |
These updates reflect New York’s emphasis on aligning overtime entitlements with regional wages and sector-specific protections. Employers should monitor wage orders and regional rates closely to ensure compliance.
Eligibility for Overtime
Not every worker in New York is automatically eligible for overtime. State rules (in addition to federal law) distinguish between non-exempt and exempt employees:
Non-Exempt Employees
Eligible for overtime after 40 hours in a workweek (44 for live-in domestic workers), regardless of pay method.
Exempt Employees
Must satisfy both a duties test and a state salary threshold (different from federal FLSA). Common categories include:
- Executives
- Administrators
- Professionals
- Outside salespersons
Certain other categories defined by the wage orders
For 2026, the executive/administrative salary thresholds are $1,237.50/week in NYC/Long Island/Westchester and $1,161.65/week in the rest of the state.
Industry-Specific Rules
- Farm laborers: Overtime after 56 hours/week in 2026, with a scheduled reduction toward 40 by 2032.
- Domestic workers: Overtime after 40 hours/week (44 if live-in) and a weekly day of rest or overtime pay if they agree to work that day.
- Hospitality and other sectors are governed by specific wage orders that supplement general rules; consult the applicable wage order.
New York Federal vs. State Overtime Rules
New York’s structure aligns with the FLSA but includes New York–specific thresholds and wage orders.
| Aspect |
Federal (FLSA) |
New York State Law |
| Overtime Threshold |
>40 hrs/week for covered, non-exempt employees. |
>40 hrs/week for most non-exempt employees; 44 for residential domestic workers; 56 for farm laborers in 2026. |
| Daily Overtime |
No. |
No; overtime is weekly. |
| Double Time |
Not required by statute. |
Not required by statute (contract/CBA may provide). |
| Overtime Rate |
1.5× regular rate. |
1.5× regular rate (or 1.5× state minimum wage for certain FLSA-exempt occupations covered by state law). |
| Agricultural Workers |
Many farmworkers are exempt from FLSA overtime. |
Overtime after 56 hrs/week in 2026; scheduled to reach 40 hrs/week by 2032. |
| Leave Hours Counted? |
No — paid leave is not “hours worked.” |
No — overtime is based on hours actually worked. |
Example:
- A retail employee in Albany who works 50 hours must be paid 10 hours of overtime at 1.5× their regular rate.
- A live-in domestic worker in Manhattan may not qualify for overtime until they exceed 44 hours in the week.
- A farm laborer in 2026 earns overtime after 56 hours in the week.
Exemptions in New York:
New York recognizes several exemptions that often overlap with federal law. Common exemptions include:
- Executive, administrative, and professional employees (must meet duties tests and state salary thresholds).
- Outside salespersons.
- Certain government employees, volunteers, interns, apprentices, members of religious orders, camp counselors, and taxicab drivers.
- Employers should carefully assess duties and salary thresholds before classifying employees as exempt. Misclassification can trigger liability for back wages, damages, and penalties.
Employer Obligations and Employee Rights
New York employers must comply with state wage and hour requirements:
- Timely payment: Overtime must be paid on the regular payday for the pay period in which it was earned.
- Recordkeeping: Maintain accurate records of hours worked, pay rates, and overtime.
- Wage claims: Workers can file complaints with the NYS Department of Labor.
- Penalties: Violations may lead to orders for back pay, liquidated damages, and civil penalties.
- Protection against retaliation: Workers are protected when asserting their wage and overtime rights.
- Employees may also pursue private lawsuits for unpaid overtime in addition to filing state claims.
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