New York overtime calculator
New York's minimum wage order sets its own overtime rules, with different weekly thresholds for some workers. Enter your hourly rate and the hours you worked each day of one workweek.
New York overtime rules
| Who | Time and a half after |
|---|---|
| Most employees | 40 hours a week |
| Residential employees (live on the employer's premises) | 44 hours a week |
| Farm workers, 2026 and 2027 | 52 hours a week (48 from 2028, 40 from 2032) |
- No daily overtime and no required weekend or holiday premium.
- Exempt federally, not in New York. Some employees the FLSA exempts from overtime are still owed it in New York, at 1.5 times the minimum wage: $25.50 an hour downstate and $24.00 in the rest of the state in 2026.
- Farm workers get at least 24 consecutive hours of rest each week. Work they agree to do on that day is paid at time and a half.
This calculator uses the 40-hour threshold. If you're a residential employee, only hours over 44 are overtime.
Spread of hours
If the time from the start to the end of your workday is more than 10 hours, including breaks, or you work a split shift, the wage order adds one hour's pay at the minimum wage on top of the minimum wage. Because it's an addition to the minimum wage, it mainly matters if you're paid at or near it.
Minimum wage and salary thresholds, 2026
| Region | Minimum wage | Exempt salary, executive and administrative |
|---|---|---|
| New York City, Long Island, Westchester | $17.00 | $1,275.00 a week |
| Rest of the state | $16.00 | $1,199.10 a week |
The New York Department of Labor says the minimum wage stays the same on January 1, 2027. Salaried executive and administrative employees paid less than the threshold are owed overtime even if their duties would be exempt.
Example
At $17 an hour, five 9-hour days are 45 hours: 40 × $17 = $680 regular, plus 5 × $25.50 = $127.50 overtime, for $807.50.
Questions
Is there overtime after 8 hours a day in New York?
No. Overtime is weekly: after 40 hours for most workers.
Do restaurant and hotel workers follow the same rules?
They have their own wage order, the Hospitality Industry Wage Order (12 NYCRR Part 146), with its own rules on tip credits and uniforms. Check it for your job.
Is overtime tax-free in New York?
For federal income tax, from 2025 through 2028 you can deduct the extra half of time and a half, up to $12,500 a year ($25,000 on a joint return). Overtime is still taxed and withheld on your paycheck, and Social Security and Medicare still apply; the deduction comes off when you file. State income tax rules are separate. Estimate it with the No Tax on Overtime calculator.
Rules as of November 2026. An estimate for one workweek, not legal advice.