The rules in New York
- Overtime after 40 hours in a workweek at 1.5 times your regular rate. Live-in domestic workers get overtime after 44 hours.
- No daily overtime. A 12-hour shift is not overtime unless the week passes 40.
- Minimum wage 2026: $17.00 an hour in New York City, Long Island and Westchester, $16.00 in the rest of the state. Overtime at minimum wage is $25.50 and $24.00.
- Spread of hours: if your workday spans more than 10 hours from start to finish (breaks included), workers paid at or near the minimum wage get one extra hour at the minimum wage for that day.
- Call-in pay: if you report to work as scheduled and are sent home early, you may be owed extra hours of pay at the minimum wage.
- Meal period: at least 30 minutes for shifts over 6 hours that run through the 11 AM to 2 PM lunch period, with longer rules for factory work and early or late shifts.
Salaried workers in New York
Being paid a salary does not make you exempt. To be exempt as an executive or administrative employee in 2026 you must earn at least $1,275.00 a week in New York City, Long Island and Westchester, or $1,199.10 a week in the rest of the state, and meet the duties tests. Below that, you are owed overtime.
Worked example
You work five 9-hour days at $17.00 an hour in Brooklyn: 45 hours. That is 40 × $17.00 = $680.00 plus 5 × $25.50 = $127.50. Gross: $807.50. If one of those days ran from 7 AM to 6 PM with an hour for lunch, the 11-hour spread would add one more hour at $17.00.
Sources: New York State: Minimum wage · New York State Department of Labor · US Department of Labor: Overtime Pay
Questions
Does New York have daily overtime?
No. New York pays overtime for hours over 40 in a workweek (44 for live-in domestic workers). Long days can trigger spread-of-hours pay, but not overtime.
What is spread of hours pay in New York?
When the time from the start to the end of your workday is more than 10 hours, including breaks, workers paid at or near the minimum wage get one extra hour of pay at the minimum wage for that day.
What is the minimum wage in New York in 2026?
$17.00 an hour in New York City, Long Island and Westchester, and $16.00 an hour in the rest of the state.
Are salaried employees in New York owed overtime?
Yes, unless they meet the duties tests and earn at least $1,275.00 a week downstate or $1,199.10 a week upstate in 2026 (executive and administrative employees).