Overtime rules in New York
New York's overtime rule is weekly, with special rules for some workers.
When is overtime owed in New York?
In general, non-exempt employees must be paid one and one-half times their regular rate for all hours over 40 in a payroll week.
Are there different rules for live-in or farm workers?
Yes. Residential ("live-in") employees get overtime after 44 hours in a payroll week. Farm workers get overtime after a weekly threshold that is stepping down over time (52 hours in a calendar week from January 1, 2026, moving to 40 hours in 2032) and for hours worked on their day of rest.
Who is exempt?
New York generally follows the federal FLSA exemptions, but the Department of Labor notes the state still requires most workers covered by its Miscellaneous Wage Order to get at least one and one-half times the minimum wage for overtime hours.
Sources
General information, AI-prepared and checked against the official sources listed, not legal advice. Laws change, and cities, contracts and union agreements can add rules. Last reviewed October 2026. How answers are made
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