New York overtime rules: wider coverage, spread of hours and 2026 exempt salary

Does New York pay overtime to workers the FLSA exempts? Most of them, yes: at 1.5 times the basic minimum hourly rate after 40 hours, or 44 for residential workers (12 NYCRR 142-2.2).

These rules come from the Minimum Wage Order for Miscellaneous Industries and Occupations, 12 NYCRR Part 142 (state edition CR 142, 12/25). Hospitality, building service and farm work have separate orders not covered here.

Overtime: 12 NYCRR 142-2.2

"An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate."

Worker	Overtime starts after
Non-residential	40 hours a week
Residential (lives at the workplace)	44 hours a week

What this changes. Most workers are paid as under the FLSA. The difference is for staff the FLSA exempts: in New York they still get overtime, at 1.5 times the basic minimum hourly rate rather than their own rate. With the 2026 minimum wage of $17.00 (New York City, Long Island, Westchester) or $16.00 (rest of state), that is $25.50 or $24.00 an hour (arithmetic, rates from 142-2.1).

Spread of hours: 142-2.4 and 142-2.18

A worker gets "one hour's pay at the basic minimum hourly wage rate, in addition to the minimum wage required in this Part for any day in which: (a) the spread of hours exceeds 10 hours; or (b) there is a split shift." The spread "is the interval between the beginning and end of an employee's workday" and includes meal breaks and time off duty. A 9 a.m. to 8 p.m. day with a 2-hour gap is an 11-hour spread.

Exempt salary: 142-2.14(c)(4)

Executive and administrative staff must earn at least, from January 1, 2026:

Where	Weekly salary
New York City, Nassau, Suffolk, Westchester	$1,275.00
Rest of the state	$1,199.10

Duties tests also apply.

Not covered on this page

New York's meal period law (Labor Law section 162) is not described here yet. We could not read the official text (nysenate.gov blocked our connection), and we only describe rules we have read.

Not legal, tax or payroll advice. Read on October 27, 2026 from the Department of Labor's published copy of Part 142 (forms.labor.ny.gov).