New York follows federal FLSA overtime rules: 1.5× your regular rate for all hours beyond 40 per workweek. There is no daily overtime requirement in New York. Minimum wage is $16.50/hr in NYC, Long Island, and Westchester County, and $15.50/hr in the rest of the state (2026). New York State income tax (4%–10.9%) applies to overtime pay.
New York Overtime Formula
Weekly Gross = (40 × Hourly Rate) + Overtime Pay
Step-by-Step New York Overtime Examples
Hourly rate: $16.50/hr (NYC minimum wage)
Hours worked: 50 hours
Overtime hours: 50 − 40 = 10 hours
Regular pay: 40 × $16.50 = $660.00
OT rate: $16.50 × 1.5 = $24.75/hr
Overtime pay: 10 × $24.75 = $247.50
Hourly rate: $22.00/hr
Hours worked: 48 hours
Overtime hours: 48 − 40 = 8 hours
Regular pay: 40 × $22 = $880.00
OT rate: $22 × 1.5 = $33.00/hr
Overtime pay: 8 × $33 = $264.00
🕐 New York Overtime Calculator — Free & Instant
Enter your clock-in/out times and hourly rate. ClockCalc calculates your NY overtime pay and weekly gross automatically.
Calculate My NY Overtime →New York Overtime Rules: Key Details
Weekly OT Only — No Daily Threshold
Unlike California, New York does not have daily overtime rules. Overtime applies only when you exceed 40 total hours in a workweek. You could work 12 hours in a day without triggering overtime — as long as your weekly total stays at or below 40 hours.
New York Minimum Wage 2026
| Region | Minimum Wage 2026 | OT Rate (1.5×) |
|---|---|---|
| NYC, Long Island, Westchester | $16.50/hr | $24.75/hr |
| Rest of New York State | $15.50/hr | $23.25/hr |
| Fast Food Workers (statewide) | $17.00/hr | $25.50/hr |
Who Is Covered?
Most hourly workers in New York are covered under both FLSA and the New York Labor Law (NYLL). New York's protections are slightly broader than federal law — for example, New York's overtime rules cover some workers in smaller businesses that fall below the FLSA's enterprise coverage threshold.
Common exemptions: salaried employees earning above $684/week who meet duties tests, outside sales employees, certain agricultural workers, and live-in domestic workers (who have special rules under NYLL).
Is Overtime Taxed in New York?
| Tax | Rate | Notes |
|---|---|---|
| NY State Income Tax | 4.0%–10.9% | Progressive; applies to OT earnings |
| NYC Income Tax | 3.078%–3.876% | NYC residents only |
| Federal Income Tax | 10%–37% | Applies to OT (may change with Big Beautiful Bill) |
| Social Security | 6.2% | Applies to OT |
| Medicare | 1.45% | Applies to OT |
NYC residents face the highest overtime tax burden of any major US city — state + city income tax combined can reach nearly 15%. By contrast, Texas and Florida workers pay zero state income tax on overtime.
New York vs. Other States: Overtime Comparison
| Rule | New York | California | Texas |
|---|---|---|---|
| OT Threshold | 40 hrs/week | 8 hrs/day OR 40 hrs/week | 40 hrs/week |
| Daily OT? | ❌ No | ✅ Yes | ❌ No |
| Double Time? | ❌ No | ✅ After 12 hrs/day | ❌ No |
| State Income Tax on OT | ⚠️ Up to 10.9% | ⚠️ Up to 13.3% | ✅ None |
| 2026 Min Wage | $15.50–$16.50/hr | $16.50/hr | $7.25/hr (federal) |
Frequently Asked Questions
What is the overtime rate in New York?
New York overtime pay is 1.5× your regular hourly rate for all hours beyond 40 in a workweek. There is no higher double-time rate required under New York law.
Does New York have daily overtime?
No. New York only requires overtime after 40 hours per week — there is no daily overtime threshold. This is different from California, which also requires OT after 8 hours in a single day.
What is NY minimum wage for overtime in 2026?
The minimum overtime rate in NYC, Long Island, and Westchester is $24.75/hr ($16.50 × 1.5). For the rest of New York State: $23.25/hr ($15.50 × 1.5).
Can my employer give me comp time instead of overtime pay in New York?
No — private-sector employers in New York cannot substitute comp time for overtime pay. You are entitled to cash payment at 1.5× your regular rate for all overtime hours. Comp time in lieu of pay is only legal for certain government employees.
How do I calculate overtime in New York?
NY OT Pay = (Hours worked − 40) × Hourly rate × 1.5. Or use ClockCalc free — enter your hours and rate for instant results.
Related: Time and a Half Calculator · California Overtime Calculator · Florida Overtime Calculator · How to Calculate Overtime Pay · No Tax on OT 2026