The short answer
How does overtime work in New York?
In New York, most non-exempt employees earn 1.5× their regular rate for hours over 40 in a workweek. Residential employees who live in their employer's home get overtime after 44 hours. There is no daily overtime, and hours can't be averaged across weeks.
New York overtime rules at a glance
| Most employees | 1.5× after 40 hours in a workweek |
| Residential (live-in) employees | 1.5× after 44 hours in a workweek |
| Daily overtime | None |
| Averaging weeks | Not allowed |
| Waiving overtime | Not allowed |
The workweek is a fixed, recurring 168-hour period. Your regular rate can't be below the New York minimum wage. If you are paid a salary for a set schedule, your regular rate is the salary divided by your scheduled hours.
Special New York rules
Exempt from federal, not from NY
Some workers who are exempt from federal overtime are still covered by New York law. They get overtime at 1.5 times the New York minimum wage instead of 1.5 times their own rate.
Weekends and nights
New York doesn't require extra pay for weekend, holiday or night work. A contract or union agreement can.
Exempt salaries
New York sets its own salary minimums for exempt executive and administrative employees, which are higher than the federal level and vary by region. Check the NY Department of Labor for current figures.
Does the "no tax on overtime" deduction apply?
Starting with 2025 tax returns, workers can deduct qualified overtime pay on their federal income tax return, up to $12,500 a year ($25,000 for married couples filing jointly). The deduction phases out above $150,000 of modified adjusted gross income ($300,000 joint). Only the extra part of overtime pay, the "half" in time-and-a-half, counts, and only for overtime the federal Fair Labor Standards Act requires: hours over 40 in a workweek. Social Security and Medicare are still withheld from overtime pay. The calculator above estimates the federal premium for your week.
Assumptions and sources
Results are gross pay estimates for non-exempt employees paid by the hour. Special industry rules, local ordinances, union contracts and exemptions can change the result. Rules summarized from the New York State Department of Labor overtime FAQ and the IRS. ToolPinch isn't a law firm; check with your state labor department or an employment lawyer about your situation.
Frequently asked questions
When does overtime start in New York?
After 40 hours in a workweek for most employees, or after 44 hours for residential employees who live in their employer's home.
Does New York have daily overtime?
No. Overtime is based on hours in the workweek, so a long single day doesn't trigger it on its own.
Can I agree to give up overtime in New York?
No. Employees can't waive their right to overtime pay.
Do salaried employees get overtime in New York?
Covered salaried employees do. Overtime is owed for hours over 40 even if their regular schedule is longer.
Is this calculator free?
Yes. It runs in your browser, needs no signup and doesn't store your hours or pay.