New York Overtime Pay Calculator

New York Overtime Legal Framework & Special Thresholds

In New York State, non-exempt hourly employees are protected by both the Federal Fair Labor Standards Act (FLSA) and New York Labor Law § 160, reinforced by the Department of Labor Minimum Wage Orders (12 NYCRR Parts 141, 142, and 146).

1. The Standard 40-Hour Threshold

For the vast majority of non-exempt employees in retail, hospitality, office administration, and services, all hours worked exceeding 40 hours in a designated 7-day payroll workweek must be compensated at one and one-half (1.5) times the employee's regular rate of pay.

2. Residential Live-In Employees (44-Hour Threshold)

Under 12 NYCRR § 142-2.2, residential employees who live on the employer's premises (such as live-in superintendents, caretakers, and domestic staff) have a statutory overtime threshold of 44 hours per week. Overtime premiums of 1.5× are required only after 44 hours of actual labor have been performed in that workweek.

3. Phased Farmworker Overtime Reductions (Labor Law § 163-a)

Following the recommendations of the Farm Laborers Wage Board, New York enacted a historic 10-year phased reduction of the agricultural overtime threshold from the historical 60-hour baseline down to standard 40-hour parity:

• 2024 – 2025: 56 hours per week
• 2026 – 2027: 52 hours per week (Current statutory threshold)
• 2028 – 2029: 48 hours per week
• 2030 – 2031: 44 hours per week
• 2032 and beyond: 40 hours per week (Full parity)

4. Farmworker Day of Rest (Labor Law § 161)

Every farmworker must be granted at least 24 consecutive hours of rest in every calendar week. If an agricultural employee chooses to work voluntarily during their designated rest day, all hours worked during that 24-hour period must be paid at 1.5× their regular rate, regardless of whether they have crossed the 52-hour weekly threshold.