2026 New York Minimum Wage & Overtime Laws
Calculating overtime in New York State requires an understanding of two major components: the federal Fair Labor Standards Act (FLSA) 40-hour rule, and New York's highly regionalized Minimum Wage structure. If you need to accurately convert your daily shift minutes into decimals before applying these rates, utilize our decimal hours calculator.
The 40-Hour Threshold & Regional Rates
In New York, standard non-exempt employees must be paid 1.5 times their regular rate for any hours worked over 40 in a continuous workweek. Unlike California, New York does not have a general daily overtime law (working over 8 hours a day does not trigger overtime automatically). However, you must ensure your base rate complies with the 2026 mandatory increases:
| Geographic Region | 2026 Minimum Wage | Overtime Rate (1.5x Floor) |
|---|---|---|
| New York City (NYC) | $16.00 / hr | $24.00 / hr |
| Long Island & Westchester | $16.00 / hr | $24.00 / hr |
| Remainder of NY State (Upstate) | $15.50 / hr | $23.25 / hr |
| Residential (Live-in) Employees | OT applies after 44 hours instead of 40 | |
The "Spread of Hours" Premium (Unique to NY)
New York has a very unique regulation known as the Spread of Hours rule. If an employee's workday spans more than 10 hours from start to finish—including all working hours, split shifts, and unpaid meal breaks—the employer must pay an extra hour of pay at the basic minimum wage rate. To properly track split shifts and long days, we recommend utilizing a weekly time card to visualize your daily time spans.
- Example: You work a split shift. You clock in from 8:00 AM to 12:00 PM, take a long break, and clock back in from 4:00 PM to 7:00 PM.
- Your total hours worked is only 7 hours. However, your "spread" is from 8:00 AM to 7:00 PM (11 hours total).
- Because the spread is greater than 10 hours, you are entitled to your regular 7 hours of pay, plus 1 extra hour of minimum wage pay.
Tipped Employees and Overtime in NY
For hospitality and food service workers, New York allows employers to take a "tip credit." However, calculating overtime for a tipped worker is complicated: the 1.5x overtime multiplier must be applied to the full minimum wage before the tip credit is subtracted.
| Calculation Step | Amount |
|---|---|
| Standard Minimum Wage (NYC) | $16.00 / hr |
| Maximum Allowable Tip Credit | $5.35 / hr |
| Minimum Cash Wage (Regular) | $10.65 / hr |
| Overtime Multiplier ($16.00 × 1.5) | $24.00 / hr |
| Minimum Cash Wage (Overtime) ($24.00 minus the $5.35 tip credit) |
$18.65 / hr |
