Covered employees who work overtime must be paid at a rate that is one and one­half times their regular hourly rate of pay. For non­residential employees, this overtime rate applies to all time over 40 hours in a payroll week. For residential employees (“live­in” workers), this overtime rate applies to all time over 44 hours in a payroll week.

Some categories of employees are excluded from New York State’s overtime provisions. These state exemptions from the requirement for overtime pay are identical to the federal overtime exemptions outlined in the Fair Labor Standards Act (FLSA), listed by the U.S. Department of Labor, Wage and Hour Division.

Employees covered by a State Minimum Wage Order must be paid for overtime hours at one and one­half times the basic minimum wage of $5.15 per hour.