New York follows the federal FLSA for overtime — hours over 40 in a workweek earn 1.5× your regular rate. What makes New York different is where you work: minimum wages vary significantly by region, which directly affects your overtime base rate. Restaurant and hospitality workers also face additional rules around spread-of-hours pay and tip credits that the calculator notes below.
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Calculate your overtime pay
Free estimate · No signup required · All 50 states
Pick your state — overtime rules load automatically
Some states apply overtime daily — not just after 40 hours a week.
Daily overtime rules apply. Enter each day's hours below.
Hours 8–12 in a day earn 1.5×. Hours beyond 12 earn 2× (double time).
If all 7 days have hours, the 7th-day premium is applied to Sunday automatically.
Daily overtime may apply depending on your hourly rate.
If your rate is below $16.47/hr, overtime can start after 8 hours in a day. Above that, only the standard 40-hour weekly rule applies.
The calculator detects your rate automatically and applies the right rule.
$
Your base hourly rate, before taxes or deductions.
Include all hours — overtime begins after 40 hours in most states.
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Tue
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Sun ★
Leave blank or 0 for days not worked. ★ Sunday triggers 7th-day rules if all 7 days have hours.
hours
Total estimated pay
How this was calculated
Assumptions: Non-exempt hourly employee, straight-time base rate. Bonuses, commissions, or shift differentials are not included in this estimate.
Estimates only — not legal or payroll advice. Actual overtime pay may differ based on job classification, employer policies, applicable law, union agreements, or how bonuses and commissions affect your regular rate. Laws change — verify important decisions with your employer or a qualified professional. See our methodology.
About this tool
How this overtime calculator works
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Federal overtime starts at 40 hours
Under the FLSA, most hourly employees earn 1.5× their regular rate for every hour over 40 in a workweek. Most states follow this standard.
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Some states use daily overtime rules
California, Alaska, Colorado, and Nevada require overtime based on daily hours worked — not just the weekly total. California also has double-time (2×) rules and a 7th-consecutive-day premium. The calculator handles all of these automatically when you select your state.
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Results are estimates before taxes
The calculator uses your hourly rate and hours to estimate gross overtime pay before taxes. It doesn't account for bonuses or commissions that might change your "regular rate" — the figure the law actually uses to compute overtime.
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Exempt vs. non-exempt matters
Not all workers qualify for overtime. Salaried employees in executive, administrative, or professional roles earning above a set threshold are typically exempt — even if they work more than 40 hours. This calculator is designed for non-exempt hourly workers.
Results based on FLSA and state-specific rules. Includes regular-rate math, bonus blending, tipped-worker formula, and California daily OT edge cases.How this is calculated →
Overtime Threshold
40 hrs/week
Federal FLSA applies
OT Rate
1.5× regular rate
No daily OT rule
NYC / LI / Westchester
$17.00/hr
Effective 2026
Rest of New York
$16.00/hr
Effective 2026
Common questions
Frequently asked questions
Yes. New York Labor Law incorporates the federal FLSA overtime standard — 1.5× the regular rate for hours over 40 in a workweek — and adds its own protections. New York's higher minimum wages directly raise the overtime base rate for minimum-wage workers, and special wage orders (such as the Hospitality Industry Wage Order) add rules around spread-of-hours pay and tip credits that go beyond federal requirements.
Spread-of-hours pay is an additional pay requirement under New York's Hospitality Industry Wage Order. If the time between the start and end of your workday — including breaks — exceeds 10 hours, you are owed one extra hour of pay at the applicable minimum wage for that day. This is separate from overtime and can apply even on days when you worked fewer than 10 actual hours.
As of 2026, New York's minimum wage is $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state. Because overtime is 1.5× the regular rate, a minimum-wage worker in NYC at $17/hr earns $25.50/hr for overtime hours; a minimum-wage worker upstate at $16/hr earns $24.00/hr for overtime.
For tipped employees covered by New York's Hospitality Industry Wage Order, employers may pay a lower cash wage using a tip credit — but overtime must be calculated based on the full applicable minimum wage, not the reduced cash wage. In practice, the overtime rate is 1.5× the full minimum wage, with the tip credit applied to the result. If total pay (cash plus tips) falls short, the employer must make up the difference.
In most industries, yes — employers can require overtime as a condition of employment, and refusing may be a disciplinary matter. However, certain healthcare workers (including many nurses) are protected from mandatory overtime under New York law. Regardless of whether overtime was required or voluntary, any hours worked over 40 in a workweek must be paid at 1.5× the regular rate for non-exempt employees.
Yes, though the threshold depends on living arrangements. Non-live-in domestic workers (day workers, housecleaners, nannies who do not reside with their employer) are generally entitled to overtime after 40 hours in a workweek, consistent with the federal standard. Live-in domestic workers are typically covered by the 44-hour weekly threshold under New York's Domestic Workers' Bill of Rights — overtime applies to hours beyond 44. Both categories are explicitly protected under New York labor law.
New York does not have a state daily overtime rule. Overtime is calculated weekly: any hours over 40 in a workweek are paid at 1.5× your regular rate, consistent with the federal FLSA.
Where New York stands out is its minimum wage — and therefore the base rate from which overtime is calculated. As of 2026, the minimum wage is $17.00/hr in New York City, Long Island, and Westchester County, and $16.00/hr for the rest of the state. A minimum-wage worker in NYC earning $17/hr earns $25.50/hr for overtime; upstate at $16/hr, that's $24/hr for overtime.
Hospitality workers: New York's Hospitality Industry Wage Order adds extra protections. One key rule is spread-of-hours pay: if your workday spans more than 10 hours from start to finish (including breaks), you are owed one additional hour of pay at the minimum wage rate for that day — on top of your regular wages. This is separate from overtime and applies even if you work fewer than 10 actual hours.
Tipped employees in hospitality may receive a lower cash wage if tips make up the difference, but overtime must always be calculated based on the full minimum wage, not the reduced cash wage.
Common Scenarios
Example calculations
Office worker — deadline week in NYC
45 hours at $22/hr in New York City. 5 overtime hours at $33/hr.
Estimated pay: $880 regular + $165 OT = $1,045
Restaurant server — 50-hour week
50 hours at $17/hr (NYC minimum wage as of 2026). 10 overtime hours at $25.50/hr. Spread-of-hours pay may also apply on days with a span exceeding 10 hours.
44 hours at $16/hr (upstate minimum wage as of 2026). 4 overtime hours at $24/hr.
Estimated pay: $640 regular + $96 OT = $736
Common Questions
Frequently asked questions
Yes. New York's overtime rules are based on both the federal FLSA and New York Labor Law. The basic threshold is the same as federal law — most non-exempt employees earn overtime at 1.5× their regular rate for hours worked over 40 in a workweek — but New York's higher minimum wages and special wage orders (such as the Hospitality Industry Wage Order) can change how overtime and related premiums are calculated.
Spread-of-hours pay is an extra pay requirement under New York's Hospitality Industry Wage Order and certain other wage orders. If the time between the start and end of your workday (including breaks) exceeds 10 hours, you may be owed one additional hour of pay at at least the applicable minimum wage for that day, on top of your regular wages and any overtime. Spread-of-hours pay is separate from overtime and can apply even if you worked fewer than 10 actual hours.
As of 2026, New York's scheduled minimum wage rates are $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state. Because overtime is 1.5× your regular rate, a minimum-wage worker in NYC at $17/hour earns $25.50/hour for overtime, while a minimum-wage worker upstate at $16/hour earns $24/hour for overtime.
For tipped employees covered by New York's Hospitality Industry Wage Order, employers may take a tip credit and pay a lower cash wage, but overtime must still be calculated based on the full minimum wage, not the reduced cash wage. In practice, overtime for tipped workers is 1.5× the full minimum wage, with the tip credit applied afterward, and the employer must make up any shortfall if tips do not bring total pay up to the required level.
In most industries, New York employers can require overtime as a condition of employment, and refusing overtime can be a disciplinary issue. However, some occupations — such as certain nurses and healthcare workers — have specific limits on mandatory overtime. Regardless, any hours you are required to work over 40 in a workweek must be paid at 1.5× your regular rate if you are non-exempt.
Yes. New York's Domestic Workers' Bill of Rights provides overtime protections for many domestic workers, such as housekeepers, nannies, and home care workers. Most live-out domestic workers earn overtime after 40 hours in a workweek; live-in domestic workers typically earn overtime after 44 hours. Additional protections may apply depending on the type of work and where it is performed.