New York State Overtime Laws and Double Time Requirements
New York follows the federal FLSA overtime standard — 1.5× pay after 40 hours in a workweek — with no general daily overtime rule. But the state layers in a hospitality-specific daily overtime trigger, a spread-of-hours premium, and a higher minimum wage than federal law. Workers and employers who assume New York mirrors California’s daily rules get burned.
The 40-Hour Weekly Threshold
For most New York employees, overtime is calculated exactly as federal FLSA dictates: any hours over 40 in a single workweek are paid at 1.5× the regular rate. NYLL § 162 adopts the federal standard. A worker earning $18/hour who clocks 48 hours in a week earns 40 hours at $18 ($720) plus 8 hours at $27 ($216), for $936 gross that week. Confirm the math with the New York Overtime Calculator.
There is no daily trigger for most industries. A worker who clocks 10 hours on Monday and 6 hours the rest of the week earns no overtime, because weekly total stays under 40.
Hospitality Industry Daily Overtime
New York’s hospitality wage order (12 NYCRR Part 146) adds a daily overtime trigger for hotel and restaurant workers. A hospitality employee who works more than 10 hours in a single workday earns 1.5× pay for every hour beyond 10. This applies even if weekly hours stay under 40.
Take an $18/hour server in a Manhattan restaurant who pulls a 12-hour double shift. Under hospitality rules, hours 11 and 12 are paid at $27/hour, adding $54 in daily overtime on top of regular wages. The spread-of-hours rule (covered below) may also apply on the same day.
Spread-of-Hours Pay
The spread-of-hours rule is unique to New York and easy to miss. When the interval between an employee’s first clock-in and last clock-out in a workday exceeds 10 hours — even if part of that interval is unpaid break time — the employer owes one additional hour of pay at the state minimum wage per day.
A hotel housekeeper who clocks in at 7:00 AM, takes a 3-hour unpaid break midday, and clocks out at 8:00 PM has a 13-hour spread. The employer owes $16.00 (NYC minimum wage) in spread-of-hours pay for that day, on top of regular wages and any overtime. Spread-of-hours pay is due even if the worker only logged 8 actual working hours.
New York Minimum Wage in 2026
New York splits its minimum wage by region. New York City, Long Island, and Westchester County require $16.00/hour. The rest of the state — Buffalo, Rochester, Albany, and surrounding areas — requires $15.50/hour. Both rates apply for 2026 under the state’s indexed minimum schedule.
For tipped workers in food service, New York permits a tip credit but the cash wage plus tips must equal the applicable minimum wage. In NYC the tipped cash wage is $10.65/hour with a $5.35 tip credit. Employers who cannot prove tips make up the difference owe the worker back wages at full minimum.
No Mandatory Double Time in New York
Unlike California, New York does not require double-time pay for long shifts or 7th consecutive days. The 2× multiplier exists only if a union contract, employer policy, or collective bargaining agreement creates it. Federal FLSA also does not mandate double time, so absent a contract, a New York worker maxes out at 1.5× even on a 16-hour shift.
This trips up workers relocating from California who assume double time is national. It is not. The double-time concept is largely a California and contractual phenomenon. Workers who want to model scenarios with double time can still use the Overtime Pay Calculator by toggling the multiplier, but New York law does not require it.
Common New York Overtime Pitfalls
Off-the-clock work is the top violation. Restaurant line cooks frequently arrive early to prep or stay late to clean without clocking in, pushing actual hours past 40 with no overtime paid. The NY Department of Labor treats this as a wage theft violation and assesses 100% liquidated damages on top of owed wages — effectively doubling the employer’s liability.
A second pitfall is misclassifying assistant managers as exempt to avoid overtime. New York applies the same FLSA duties tests as federal law, so an assistant manager who spends most of their shift running a register or stocking shelves is non-exempt regardless of their job title or salary.
How NY Compares to California and Federal Law
Federal FLSA sets the floor: 40-hour weekly threshold, 1.5× multiplier, $7.25 federal minimum. California stacks daily thresholds and mandatory double time on top. New York sits in the middle — federal weekly threshold plus hospitality daily rules, spread-of-hours premium, and a higher regional minimum wage. For workers splitting time between NY and CA, the math differs sharply and must be run state-by-state.
