New York overtime laws, explained for people who run payroll.
When overtime starts in New York, what rate applies, what the state requires for meal and rest breaks, how often you have to pay, and what paid leave is mandated — in plain English, with a worked example. Rules change and exemptions apply, so confirm with the New York State Department of Labor before relying on any of it.
14 days freeNo credit card requiredEvery feature included
The New York rules in one place.
Overtime
- Weekly: Over 40 hours in a workweek
- Daily: None, but 'spread of hours' applies: an extra hour at minimum wage when the workday spans more than 10 hours
- Seventh day: No (one day of rest in seven applies to certain industries)
- Rate: 1.5× the regular rate of pay, which includes non-discretionary bonuses and shift differentials
Breaks and rest
- Meal: 30-minute meal period for shifts over 6 hours that cover the noon hour; 45 minutes for shifts of more than 6 hours starting between 1 PM and 6 AM; an additional 20 minutes for long shifts spanning 11 AM–7 PM
- Rest: Not required by state law
- Short breaks (under 20 minutes), when offered, are paid time under federal rules
Pay and leave
- Pay frequency: Manual workers must be paid weekly; clerical and other workers at least semi-monthly
- Paid leave: Paid sick leave is required statewide (40 or 56 hours a year depending on employer size); New York City adds its own rules
- Recordkeeping: hours worked each day and week must be recorded and kept (federal rule: 3 years for payroll records)
New York vs. federal law.
Federal law sets the floor. States can add to it, and several do.
| Rule | New York | Federal FLSA |
|---|---|---|
| Overtime after 40 hours in a workweek | Yes | Yes |
| Daily overtime | No | No |
| Seventh-day or rest-day rule | No | No |
| Meal break required for adults | Yes | No |
| Rest breaks required for adults | No | No |
| Paid sick leave or paid leave mandated | Yes | No |
| Pay-frequency rule | Yes | No |
| Overtime rate | 1.5× regular rate | 1.5× regular rate |
| Records of hours worked required | Yes | Yes |
Where New York and federal law differ, the rule more favorable to the employee applies. Exemptions (executive, administrative, professional, outside sales and others) are not covered here.
How the New York rules work in practice.
What a real week looks like.
A warehouse worker clocks in at 7 AM, takes a 2-hour unpaid midday gap, and clocks out at 6 PM — 9 hours worked, but an 11-hour spread. No overtime, but New York owes one extra hour at minimum wage for the spread of hours.
- Weekly pay for manual workers is strictly enforced and a frequent source of claims
- Meal-break timing rules differ by shift start time
- Overtime applies at 1.5× the regular rate; for some exempt-from-FLSA employees, 1.5× the minimum wage
Overtime is 1.5× the regular rate, not 1.5× the hourly wage.
If an employee earns a non-discretionary bonus, a shift differential or multiple hourly rates in the same week, those are folded into the regular rate before the 1.5× multiplier. Getting this wrong is the most common overtime error in wage claims.
- Non-discretionary bonuses count
- Shift differentials count
- Discretionary bonuses, expense reimbursements and PTO payouts don't
Hours-to-date against the threshold, before payday.
PunchPro records clock-ins with location at the punch, calculates regular and overtime hours by the thresholds you set for New York, flags anyone on overtime pace mid-week, records breaks, and exports approved hours to QuickBooks, ADP, Paychex, Paycom. Pay is calculated in your payroll process.
- Weekly and daily thresholds by location
- Break tracking with long/short break flags
- Audit trail on every edit
Set New York rules once. Track them automatically.
No implementation project. Most teams are set up in an afternoon.
Set your thresholds
Weekly overtime, break rules and pay period for your New York locations.
Add your people
Import a CSV; each employee gets a text with the app link.
See overtime on Wednesday
Hours-to-date against the threshold for everyone, flagged before the period closes.
New York overtime questions, answered plainly.
When does overtime start in New York?
Over 40 hours in a workweek, at 1.5× the regular rate. There is no daily overtime; only hours over 40 in the workweek count.
Does New York require meal or rest breaks?
Meal: 30-minute meal period for shifts over 6 hours that cover the noon hour; 45 minutes for shifts of more than 6 hours starting between 1 PM and 6 AM; an additional 20 minutes for long shifts spanning 11 AM–7 PM. Rest: Not required by state law.
Can I average two weeks to avoid overtime in New York?
No. Overtime is calculated on each fixed, recurring 7-day workweek on its own, under both federal and state law.
Is comp time instead of overtime pay allowed in New York?
For private employers, no. Hours over the threshold must be paid as overtime wages; comp time in lieu of pay is generally only available to public-sector employers.
How often do I have to pay employees in New York?
Manual workers must be paid weekly; clerical and other workers at least semi-monthly.
Does PunchPro calculate overtime pay?
PunchPro calculates regular and overtime hours by your thresholds and exports them to QuickBooks, ADP, Paychex, Paycom. The pay itself is calculated in your payroll process. This page is general information, not legal advice; confirm current rules with the New York State Department of Labor.
Related: Overtime tracking software · Time tracking · Time off · New York State Department of Labor
See New York overtime on Wednesday, not payday.
14 days free, every feature, no credit card. Set your thresholds tonight and run a real pay period.
14 days freeNo credit card requiredEvery feature included