Federal overtime law (FLSA) - 2026
Under the Fair Labor Standards Act, non-exempt employees must receive overtime pay of at least 1.5× their regular rate for all hours worked over 40 in a workweek. As of July 2024, salaried workers earning under $43,888/year are also eligible for overtime.
New York overtime law - key rules
Official overtime requirements under NY Lab. Law § 651 et seq.
New York overtime law overview
New York follows the federal 40-hour weekly overtime threshold. 1.5x pay required for hours over 40 per workweek. Hospitality and fast food industries have additional spread-of-hours requirements.
New York Wage Orders for specific industries including hospitality and fast food provide additional overtime-related protections. The spread-of-hours requirement for hospitality workers means an additional hour of pay at minimum wage when a work day spans more than 10 hours.
Governing law
New York overtime requirements are governed by New York Labor Law Section 651 and Wage Orders (NY Lab. Law § 651 et seq.). This law establishes when overtime pay is required and at what rate.
The official authority for overtime enforcement in New York is the New York State Department of Labor. To report an overtime violation or get official guidance, contact the New York State Department of Labor directly.
What if my employer is not paying overtime?
If your employer owes you unpaid overtime, you have the right to file a wage claim with the New York State Department of Labor or with the federal U.S. Department of Labor Wage and Hour Division. You may recover unpaid overtime wages plus an equal amount in liquidated damages, plus attorney fees. Most states allow recovery of back wages going back 2-3 years. Under the federal FLSA you can recover up to 2 years of back pay (3 years for willful violations).
Data source: NY Lab. Law § 651 et seq. and federal FLSA 29 U.S.C. 207. Last verified: 2026. This calculator provides estimates for informational purposes only. Consult a wage and hour attorney for advice specific to your situation.
Overtime pay calculator - federal (FLSA) 2026
Calculate your time-and-a-half and double time pay based on your state's overtime rules
This calculator estimates gross overtime pay before taxes and deductions. Actual take-home pay will be lower. Some workers are exempt from overtime under FLSA - including certain managers, professionals, and commissioned employees. Consult an employment attorney if you believe your employer is not paying required overtime.
Frequently asked questions - overtime pay
How overtime pay is calculated
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive at least 1.5 times their regular hourly rate for every hour worked over 40 in a single workweek. This is commonly called "time and a half."
The formula is: Overtime Pay = (Hourly Rate × 1.5) × Overtime Hours. Your total weekly pay = Regular Pay + Overtime Pay.
Some states - including California, Alaska, Colorado, and Nevada - have additional daily overtime rules that require overtime pay after 8 hours in a single workday, regardless of your total weekly hours. California also requires double time (2×) after 12 hours in a day.