NY overtime laws 2016 New York Overtime Pay Laws - NY Labor Law - 2016

Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Employers in New York must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay.

Non-exempt employees in New York are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. Based on the New York minimum wage of $9.00 per hour, the minimum amount any New York worker should receive as overtime pay is $13.50 per hour.

Some employees are exempt from overtime, and therefore can be asked to work more then 40 hours a week without receiving overtime pay. Some overtime-exempt jobs are specified in federal overtime law, such as most white collar jobs, while other exemptions are specific to New York's state overtime laws.

Overtime pay is based on hours worked in a given payroll week. Thus, time and one-half, double-time - or any amount higher than the agreed rate - is not required simply because the work is performed after eight hours per day or on a Saturday or Sunday, but based on working more than 40 hours in the work week, or 44 hours for live in workers. New York exempts farm workers, babysitters, salespeople, taxi drivers, camp counselors, and college students from overtime law. Special overtime pay rules apply for domestic workers, non-profit employees, restaurant and hotel employees, and workers in the building services industry.

Additional New York labor law requires all employers to provide new employees with written notice of their regular and overtime hourly pay rates at the time of hiring. Employers must get written notice from employees that they have received and understand this notification.

New York Overtime Calculator

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New York Overtime Calculator Tool

To calculate your weekly overtime pay, enter your normal hourly wage and the weekly number of hours you worked into the NY overtime calculator. Your overtime pay will then be calculated and displayed.

Unpaid Overtime in New York

If your employer has not paid you overtime and you believe you are entitled to overtime pay for the work you have done, there are steps you can take to ensure that you are paid what you deserve. First check New York state overtime law as well as federal overtime exemptions to ensure that your occupation is not exempt from overtime, and ask your employer directly why you were not paid.

If you are sure that you are entitled to overtime that has not been paid and are unable to work out an agreement with your employer directly, your next step is to contact the New York Department of Labor with an unpaid overtime claim form. You can contact the New York Department of Labor office here:

Document Tags: NY Overtime, New York Overtime Rule, NY Overtime Regulations, State of New York Overtime Laws

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