In New York City, most workers must be paid 1.5 times their regular hourly rate for every hour worked beyond 40 in a single workweek. That rule comes from both the federal Fair Labor Standards Act and the New York State Labor Law, and because the city’s minimum wage is higher than the federal floor, NYC overtime pay laws produce a higher dollar amount than the federal baseline. Your employer cannot contract around the obligation with a company policy or a private agreement.
As of January 1, 2026, the minimum wage in NYC is $17.00 per hour for all employers regardless of size.1New York State Department of Labor. Minimum Wage A minimum-wage worker eligible for overtime must therefore receive at least $25.50 for each hour past 40. If you earn more than the minimum, your overtime rate is 1.5 times your actual regular rate.2U.S. Department of Labor. Wages and the Fair Labor Standards Act
The 40-hour threshold is measured within a fixed seven-day workweek, not a pay period. If you work 50 hours one week and 30 the next on a biweekly schedule, you’re owed 10 hours of overtime for the first week even though the two-week total is 80.3New York State Department of Labor. Overtime Frequently Asked Questions
Who Qualifies for Overtime
In New York, overtime eligibility is the default. To treat you as exempt, your employer has to prove you meet both a salary test and a duties test.
The 2026 Salary Threshold
To be exempt as an executive or administrative employee in NYC, you must earn at least $1,275.00 per week, or $66,300.00 per year.4New York State Department of Labor. Minimum Wage Frequently Asked Questions If your salary falls below that number, you are entitled to overtime no matter what your job title says.
The Duties Test
Earning above the salary threshold is not enough on its own. Your actual day-to-day work has to fit one of the recognized exemption categories drawn from the FLSA regulations and New York’s Minimum Wage Orders:5U.S. Department of Labor. Fact Sheet 17A – Exemption for Executive, Administrative, Professional, Computer and Outside Sales Employees Under the Fair Labor Standards Act
- Executive: your primary duty is managing the business or a recognized department, and you direct the work of at least two full-time employees.
- Administrative: you perform office or non-manual work directly tied to business operations and regularly exercise independent judgment on significant decisions.
- Professional: your primary duty requires advanced knowledge in a field typically acquired through prolonged, specialized education.
Titles do not control. If your employer calls you a “manager” but you spend most of your time doing the same work as non-exempt staff, you are not exempt.
How Your Regular Rate Is Calculated
Your overtime rate flows from your regular rate, and that figure is not always just your base hourly wage. The regular rate is all compensation earned in the workweek divided by total hours worked.6U.S. Department of Labor. Fact Sheet 56A – Overview of the Regular Rate of Pay Under the Fair Labor Standards Act
Non-discretionary bonuses, shift differentials, and earned commissions must be folded in. A non-discretionary bonus is one the employer committed to in advance, like a production bonus tied to a sales target. Overtime is then paid on the higher blended rate rather than the base wage alone.
Excluded from the regular rate are discretionary bonuses, gifts, expense reimbursements, vacation or holiday pay for time not worked, and premium payments already made for weekend or holiday shifts.3New York State Department of Labor. Overtime Frequently Asked Questions
If you work two jobs for the same employer at different pay rates, the regular rate is a weighted average of all pay divided by all hours. The overtime premium applies to that blended figure, so the employer cannot pay overtime based only on the lower-paying role.
Spread of Hours Pay
New York adds a rule that is easy to miss. If your workday spans more than 10 hours from start to finish, including any break or gap in the middle, you are owed one extra hour of pay at the minimum wage rate for that day.7New York State Attorney General. Wages and Pay It applies to split shifts too. Spread-of-hours pay is separate from overtime, and you can be owed both in the same week.
Overtime for Domestic Workers
Nannies, home attendants, and housekeepers in private households are covered by the New York State Domestic Workers’ Bill of Rights. If you do not live in your employer’s home, overtime kicks in after 40 hours. If you do live there, the threshold is 44 hours.8New York State Department of Labor. Domestic Workers’ Bill of Rights The rate is time and a half either way, and employers must keep accurate daily time records.
Recovering Unpaid Overtime
You have more than one path to recover unpaid overtime, and you do not have to pick just one.
File With the New York State Department of Labor
The common first step is a Labor Standards Complaint Form (LS 223) filed with the New York State Department of Labor. The form asks for your employer’s name and address, the dates you were not paid correctly, and details about the missing wages. You can submit it by mail or through the Department’s online portal.9New York State Department of Labor. The Labor Standards Complaint Process An investigator then reviews the evidence and can pursue back wages, liquidated damages, and civil penalties against the employer on your behalf.
Sue in Court
New York law also gives you a private right of action, so you can sue your employer directly without filing an administrative complaint first. A successful plaintiff recovers the full amount of unpaid wages, prejudgment interest, and reasonable attorney’s fees. The court must also award liquidated damages equal to 100 percent of the unpaid wages unless the employer proves it had a good-faith basis for believing it was following the law.10New York State Senate. New York Labor Code 663 – Civil Action A worker owed $10,000 in unpaid overtime could therefore recover $20,000 plus interest and legal fees. If the judgment goes unpaid for 90 days, the total automatically increases by another 15 percent.
How Long You Have To File
Under New York State law, you have six years from the date of each missed payment to bring a claim.10New York State Senate. New York Labor Code 663 – Civil Action Each short paycheck is a separate violation, so even if your oldest underpayments have aged out, you can still recover for everything inside the six-year window. The clock also pauses while the Department of Labor investigates a complaint you have filed. Federal FLSA claims carry a shorter deadline of two years, or three if the violation was willful,2U.S. Department of Labor. Wages and the Fair Labor Standards Act which is why most NYC workers bring claims under state law.
Protection Against Retaliation
Fear of being fired keeps a lot of workers from pursuing overtime claims. New York Labor Law Section 215 addresses that directly. Your employer cannot fire, demote, threaten, or otherwise penalize you for complaining about wage violations, whether you raised the issue with a supervisor, filed a formal complaint, or discussed it with a coworker.11New York State Senate. New York Labor Code 215 – Penalties and Civil Action; Prohibited Retaliation
The definition of retaliation is broad. It covers termination and demotion, and also subtler tactics: threatening to report your immigration status, assigning demerit points that could lead to discipline, suddenly enforcing minor rules that were previously ignored, or shifting you to an undesirable schedule. Your complaint does not need to cite a specific section of the Labor Law to trigger the protection. Former employees and job applicants are covered as well, so an employer cannot blacklist you for a claim filed at a previous job.
If retaliation happens, you can file a separate complaint with the Department of Labor or bring a civil action. Remedies include reinstatement, back pay, and liquidated damages on top of whatever you are owed for the underlying overtime violation.