What a week pays in New York
Take a 44-hour week with a 12-hour Monday, at $20 an hour. Under New York rules that is 40 regular hours and 4 hours of overtime, for $920.00.
That matches federal rules alone, because New York’s rule does not pay more than the federal 40-hour week for this schedule. Change the hours in the calculator above to test your own week.
Who the rule covers
44 hours for residential employees under the Miscellaneous Industries wage order.
- Residential employees earn overtime after 44 hours.
- Farm, building service and hospitality workers are covered by separate wage orders.
How federal law fits in
The FLSA applies in every state: a covered, non-exempt employee earns at least 1.5 times the regular rate for each hour over 40 in a workweek. Where a state rule and the federal rule both apply, the employee gets whichever pays more for each hour, never both. At $20.00 an hour, federal overtime is $30.00 an hour.
For the federal overtime deduction, only the premium on hours over 40 in a week counts, the same in New York as everywhere else. The no tax on overtime calculator works out that deduction.
Questions people ask
What is the overtime law in New York?
New York requires 1.5 times the regular rate for hours over 40 in a workweek, following FLSA methods and exemptions, and 44 hours for residential employees.
Does New York have daily overtime?
No. New York has no daily overtime rule for most employees, so overtime is owed for hours over 40 in a workweek under federal law.
Is double time required in New York?
No. New York law does not require double time. It is paid only when an employer policy or a union contract provides for it.
Can a New York employer average hours over two weeks?
Not for federal overtime. Each workweek stands alone under the FLSA, so 30 hours one week and 50 the next means 10 hours of overtime in the second week, even when both are paid together.