New York Overtime Calculator: Weekly Rates, Spread of Hours & Take-Home Pay

New York's wage and hour protections are codified in Article 19 of the New York State Labor Law (§§ 650–665) and implemented through the Department of Labor's Miscellaneous Industries and Occupations Wage Order (12 NYCRR Part 142), as well as specific industry wage orders for hospitality, building service, and agriculture.

1. Weekly-Only Overtime (1.5× Regular Rate After 40 Hours)

Under 12 NYCRR § 142-2.2, non-exempt employees must be paid overtime at one and one-half times (1.5×) their regular rate for all hours worked in excess of 40 in a single employer-established workweek.

New York has NO daily overtime requirement. An employer can require an employee to work 10, 12, or 16 hours in a single shift without paying overtime rates, provided the employee's total weekly hours do not exceed 40. Daily overtime exists only in four states: California, Alaska, Colorado, and Nevada.

2. The 2026 Two-Tier Minimum Wage Schedule

Effective January 1, 2026, New York maintains two distinct minimum wage regions under New York Labor Law § 652:

3. The Spread-of-Hours Rule (12 NYCRR § 142-2.4)

One of New York's most distinctive labor protections is the Spread-of-Hours Rule. Under 12 NYCRR § 142-2.4:

"The spread of hours is the interval between the beginning and end of an employee's workday. The spread of hours for any day in which the spread exceeds 10 hours shall include working time plus time off for meals plus intervals off duty."

When a non-exempt employee's workday spans more than 10 hours from the time they first report to work to the time they finish their final shift of the day, the employer must pay one additional hour of pay at the basic statutory minimum wage ($17.00 in NYC/Long Island/Westchester; $16.00 in Rest of State).

• Meal Breaks and Off-Duty Hours Count Toward Spread: If you work from 8:00 AM to 1:00 PM (5 hours), take a 3-hour off-duty break, and work from 4:00 PM to 7:30 PM (3.5 hours), your total working time is 8.5 hours, but your spread of hours is 11.5 hours (8:00 AM to 7:30 PM). You are legally owed 8.5 hours of regular pay PLUS 1 extra hour of spread-of-hours pay.
• Paid at Minimum Wage, Not Overtime Rate: Spread-of-hours pay is paid at the basic statutory minimum wage rate ($17.00 or $16.00), not at the employee's regular hourly rate, and is not multiplied by 1.5.
• Does Not Offset Overtime: Spread-of-hours pay is an additional indemnity and cannot be credited toward overtime pay owed for hours worked beyond 40.

4. Residential ("Live-In") Employees: The 44-Hour Overtime Rule

Under 12 NYCRR § 142-2.2, residential employees—defined as employees who live on the premises of their employer (such as live-in domestic workers, home healthcare aides living with patients, or onsite superintendents)—are governed by a special overtime standard:

Residential workers are owed 1.5× their regular rate of pay only after completing 44 hours of work in a payroll week, whereas non-residential employees receive overtime after 40 hours.

5. New York State Salary Exemption Threshold (75× Minimum Wage)

To be exempt from overtime under the executive or administrative exemptions in New York, an employee must satisfy both the duties test and New York's statutory salary basis threshold. Under 12 NYCRR § 142-2.14, the threshold is indexed at exactly 75 times the applicable regional minimum wage per week:

• NYC, Long Island, and Westchester: 75 × $17.00 = $1,275.00 per week ($66,300.00 per year).
• Rest of New York State: $1,199.10 per week ($62,353.20 per year).

New York's salary exemption floor is dramatically higher than the federal FLSA threshold ($684.00 per week or $35,568.00 per year). Any salaried worker in New York earning less than the state threshold remains fully entitled to 1.5× overtime pay for all hours worked over 40.