When is overtime required under New York overtime laws?

Under New York overtime laws, most employees must be paid overtime when they work more than 40 hours in a workweek. Overtime is typically paid at one and a half times the employee’s regular rate. The regular rate includes commissions, non-discretionary bonuses, and shift differentials. Employers cannot average hours over multiple weeks to avoid overtime pay.

Who is exempt from overtime pay in New York in 2026?

Certain executive, administrative, and professional employees may be exempt from overtime in New York, but exemptions depend on salary level and job duties. As of January 1, 2026, executive and administrative employees must generally earn at least $1,275 per week in New York City, Long Island, and Westchester, or $1,199.10 per week in the rest of the state. Professional employees typically follow the federal threshold of $684 per week. Job titles alone do not determine exempt status.

Case Results

Rissmiller PLLC has recovered millions for NY & NJ employees

$2

MILLION

Disability discrimination

$1.2

MILLION

Sexual harassment

$582

THOUSAND

Restaurant workers paid late

$425

THOUSAND

Tech whistleblower

$360

THOUSAND

Race discrimination

$270

THOUSAND

Sexual harassment

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Case Results

Rissmiller PLLC has recovered millions for NY & NJ employees

$2

MILLION

$1.2

MILLION

$582

THOUSAND

$425

THOUSAND

$360

THOUSAND

$270

THOUSAND

Schedule a Consultation

NAVIGATION

CONTACT US

Schedule a
Consultation