New York · Overtime · Updated April 2026

1.5× after 40 hours — but residential and agricultural have different thresholds.

New York's standard overtime rule is 1.5× the regular rate for hours over 40 per workweek. But two NY-specific carve-outs exist: residential employees (those who reside on the employer's premises) earn OT after 44 hours; agricultural workers earn OT after 52 hours in 2026, phasing to 40 hours by 2032. There is no daily overtime threshold in New York.

Standard Threshold
40 hours/week
Residential
44 hours/week
Agricultural 2026
52 hours/week
Active

Weekly Overtime

Calculates 1.5× pay for hours over the applicable weekly threshold. Auto-routes residential and agricultural workers to their respective thresholds. Tracks the agricultural phase-down schedule annually.

Avoid scheduling past threshold without OT budget
Tag OT hours per applicable threshold
Always running

What the rule does at the weekly threshold.

The hero card configuration: Avoid on schedule projection, Flag on timesheet entry. Here's what each does at runtime.

Avoid · scheduling past weekly threshold

When a worker is scheduled for hours that would push them past the applicable weekly threshold (40/44/52), the schedule preview shows projected OT cost. Decision-aware scheduling, not blocking.

Flag · OT hours past threshold

On the timesheet, hours past the threshold tag as OT for that worker. The threshold applied is logged based on worker classification (standard, residential, agricultural).

Skip the configuration

Deploy NY weekly OT in your Teambridge.

Tell us about your workforce. We'll spin up NY weekly OT with proper threshold routing — in a sandbox tenant scoped to your roles, locations, and pay structure.

Or book a 30-min walkthrough. We respond within 4 business hours.

The rule, plainly stated

Three thresholds, one OT rate (1.5×). No daily OT.

Unlike California, New York has no daily overtime — only weekly. The complexity lies in which weekly threshold applies, which depends on worker classification.

12 NYCRR § 142-2.2 and NY Labor Law § 671: Every employer covered by this Part shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate. An employer shall pay an employee for overtime at the rate set forth in this section for hours worked in excess of: (a) 40 hours in any workweek, except (b) for residential employees, hours in excess of 44 hours in any workweek; and (c) for farm workers, hours in excess of the threshold established under New York Labor Law § 671 (52 hours in 2026, decreasing four hours every two years to reach 40 hours by 2032).

Standard 40-hour threshold

For most New York non-exempt employees, the threshold is 40 hours per workweek — same as the federal FLSA. NY does not have daily overtime. A worker who logs 16 hours on Saturday and 24 hours across the rest of the week (total 40) earns no OT — the threshold is purely weekly.

Residential employees: 44 hours

12 NYCRR § 142-2.2 sets the OT threshold at 44 hours/week for employees who reside on the employer's premises (live-in domestic workers, residential building staff, etc.). Same 1.5× multiplier — just kicks in 4 hours later. NY-specific rule with no federal equivalent.

On autopilot

Teambridge applies the right threshold per worker, every week.

Most NY OT mistakes happen when the wrong threshold is applied — typically a residential worker on the standard 40-hour threshold, or an agricultural worker on a stale 60-hour threshold from before the phase-down.

01 · Worker classification

Standard / residential / agricultural.

Each worker is tagged at hire as standard (40-hour threshold), residential (44-hour), or agricultural (current phase-down threshold). The tag determines OT calculation.

02 · Weekly OT calculation

Hours past threshold tag automatically.

At payroll close, hours worked are summed per worker per workweek. Hours past the applicable threshold tag as OT. 1.5× multiplier applied at the worker's regular rate of pay.

03 · Schedule projection

OT cost surfaced before publish.

When publishing a weekly schedule, Teambridge surfaces projected OT per worker — informing scheduling decisions before they're made.

04 · Agricultural threshold update

Annual phase-down tracked.

The agricultural threshold drops 4 hours every two years through 2032. Teambridge applies the new threshold from each effective date automatically.

Free · No commitment

Still evaluating? Get a free New York compliance audit.

Send us your existing New York scheduling and pay configuration. Our compliance team returns a written audit within 5 business days — every New York-specific exposure ranked by risk and back-pay liability.

FAQ

People also ask.

Does New York have daily overtime?
No. New York has no daily overtime threshold. OT is calculated purely on a weekly basis. A worker who logs 14 hours in a single day but only 38 hours total for the week earns no OT.
What's the standard weekly OT threshold?
40 hours per workweek for most non-exempt employees. Same as the federal FLSA. The NY Wage Order specifies 1.5× the regular rate for hours over 40.
What's different for residential employees?
Residential employees (those who reside on the employer's premises — live-in domestic workers, residential building staff) earn OT after 44 hours per workweek instead of 40. Same 1.5× multiplier. NY-specific rule under 12 NYCRR § 142-2.2.
What about agricultural workers?
NY is one of the few states that extends OT protection to farm workers. The threshold is 52 hours/week in 2026, phasing down 4 hours every two years to reach 40 hours/week by 2032. Federal law generally exempts farm workers from OT entirely.
How does the regular rate get calculated?
Standard FLSA regular-rate calculation: total compensation in the workweek (including non-discretionary bonuses, commissions, shift differentials) divided by total hours worked. The OT premium uses this regular rate, not just base hourly.
How does Teambridge handle the different thresholds?
Workers are tagged at hire as standard, residential, or agricultural. The tag determines which threshold applies at OT calculation. Schedule projection shows OT cost before publish. Annual agricultural phase-downs apply automatically.