Am I entitled to overtime pay in New York?

What the Law Says

New York law guarantees overtime pay to most hourly and salaried non-exempt employees who work more than the legal weekly threshold.

Under the New York Labor Law, employers must pay overtime at a rate of one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek — except for certain domestic workers, who qualify for overtime only after 44 hours.

The law applies broadly, but some workers are exempt — including executives, administrators, professionals earning above a specific salary threshold, outside salespeople, and certain farmworkers or volunteers. Exemptions are narrowly construed under New York law.

New York’s overtime rules are stricter than federal law in key ways — for example, New York requires overtime for domestic workers after 44 hours (federal law has no such requirement), and New York allows a longer statute of limitations for claims.

Statutory Text

An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate of pay for any hours worked in excess of forty hours in a week, except as provided in subdivision two of this section.

— New York Labor Law § 190-a(1) — Overtime wages

Statutory Text

For a domestic worker, the employer shall pay overtime compensation at a rate of one and one-half times the employee's regular rate of pay for any hours worked in excess of forty-four hours in a week.

— New York Labor Law § 190-a(2) — Domestic workers

What Courts Have Said

New York courts consistently emphasize that exemptions from overtime must be narrowly interpreted and that employers bear the burden of proving exemption status.

What to Do

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