NY Employee Overtime Requirements


Employee overtime requirements in New York are governed by the New York Minimum Wage Orders as well as the federal Fair Labor Standards Act. In general, employees in NY are entitled to 1.5 times their regular pay for all hours over a standard 40 hour workweek. Overtime is not determined by hours worked in a single day, but rather total workweek hours as a whole. For certain employees (e.g. live in residential employees), their overtime pay begins at 44 hours in a workweek.

Other occupations are exempt from overtime under federal law, but are entitled to overtime based on New York State Labor Laws. State labor laws cover all individuals who come under the umbrella of the “employee” definition. This is defined in the labor code as “any individual employed or permitted to work by an employer in any occupation”. Some professions that are excluded from overtime requirements under NY state labor law include:

  • Executive Employees
  • Administrative Employees
  • Professional Employees
  • Taxi drivers
  • Members of religious orders
  • Specified individuals working for charitable/religious institutions
  • Camp Counselors
  • Part-time baby sitters
  • Farm laborers
  • Federal, State, Municipal government employees
  • Outside salespersons

Overtime requirements in state and federal statutes are the minimum requirements. Employment contracts may specify greater overtime payments than required by law.

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  1. Is that a full list of the jobs that are exempt from overtime? If not, where can I find one?

  2. pritsky

    Hi Terry,

    Those are examples, it’s not quite that simple unfortunately. For example, the FLSA and the State Minimum Wage Act exempt employees working in a bona fide professional capacity from the overtime pay requirements.

    Whether you qualify as a bona fide professional capacity depends on a number of specific factors. You can contact me if you need more details.


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