New York Overtime Laws

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Unpaid Overtime Law in New York

Many New York workers are denied the wages that they are owed under Federal and New York law. If you are an New York worker who has been unlawfully denied overtime, you have the right to participate in a lawsuit against your employer. New York overtime lawyers can help you recover what you are owed.

Fill out the short form on this page for help today. This New York overtime review is entirely free.

New York Overtime Lawyers


Detailed New York Overtime Laws

Minimum Wage in New York

Effective July 24, 2009, the minimum wage in New York is $7.25. However, different minimum wages may be established for certain workers. For instance, waiters, waitresses and others service workers who make at least $2.55 per hour in tips can receive an hourly wage of $4.60 per hour. Wage Orders specify the minimum wage for other service employees.

Residential janitors who make less than $304.10 per week should receive $4.80 per unit. Wages paid to piece-rate workers must average at least the state minimum wage.

New York Overtime Law

Employees subject to New York overtime law should receive time-and-a-half compensation for their overtime hours. Residential and non-residential employees have different "thresholds" for overtime hours. Non-residential employees should receive overtime pay when working more than 40 hours a week, while “live-in” or residential employees should receive time-and-a-half compensation for hours worked in excess of 44.

Overtime pay is based on hours worked during a single payroll week. Therefore, employees are not entitled to time-and-a-half compensation for hours worked on a weekend or in excess of eight during a workday.

Certain New York workers are exempt from overtime pay.

New York Wage and Hour Law

According to New York wage and hour law, employers are required to follow certain rules regarding meal breaks, final paychecks, recordkeeping and new hire notices. For more information on these laws, visit our New York wage and hour law page. 

New York Wage and Hour FAQs

For more information on New York minimum wage, overtime law and labor law issues, visit our New York wage and hour FAQ page. 


For More Information, visit the New York Department of Labor Website