New York employers generally must pay employees 1 ½ times their regular rates of pay for work in excess of 40 hours per week. If an employee is paid at different rates for different hours, the employer must pay overtime at 1.5 times the regular rate, determined by dividing gross earnings by the hours worked.
The federal Fair Labor Standards Act (FLSA) exempts some types of employees from the overtime pay requirement, and New York follows these exemptions. However, workers exempt from the FLSA but covered by New York’s Miscellaneous Wage Order (which covers industries other than hospitality and building services) must be paid overtime, but only at the rate of 1.5 times the state minimum wage, regardless of their regular rate of pay.
Some occupations are exempt from the overtime pay provisions of New York law and the FLSA. These include, but are not limited to, the following:
- Administrative Employee Exemption
- Executive Employee Exemption
- Farm Laborer Exemption
- Outside Salesperson Exemption
- Professional Employee Exemption
Executive and Administrative Employee Exemption
New York’s wage orders dictate the salary threshold that executive and administrative employees need to meet to qualify for an overtime exemption. The salary threshold for executive and administrative employees depends on the employer’s location. Employers are encouraged to visit the NYSDOL website and use the following answers to frequently asked questions.
|Effective Date||New York City||Nassau, Suffolk and Westchester||Remainder of New York State|
|Dec. 31, 2019||$1,125 per week||$975 per week||$885 per week|
|Dec. 31, 2020||$1,125 per week||$1,050 per week||$937.50 per week|
|Dec. 31, 2021||$1,125 per week($58,500 per year)||$1,125 per week($58,500 per year)||$990 per week($51,480 per year)|