New York Overtime Rules & Regulations
12 NYCRR § 142-2.2 mandates overtime pay at 1.5 times the regular hourly rate for hours worked over 40 in a workweek. Under New York's 'Spread of Hours' regulation, an extra 1 hour of pay at the full minimum wage is required for workdays where the spread of hours exceeds 10.
Worked Example Calculation
Worked Example: 5 shifts of 10.0 hours (50.0 total hours) at $20.00/hr base rate:
Key Wage & Employment Rules in New York
State Minimum Wage
Minimum wage rates vary by region (New York City, Long Island, Westchester County, and Remainder of Downstate/Upstate) with scheduled annual adjustments under NY Labor Law § 652. Refer to the New York State Department of Labor for current regional schedules.
Pay Frequency Mandates
NY Labor Law § 191 requires manual workers to be paid weekly within 7 calendar days of the pay period end. Clerical and non-manual workers must be paid at least semimonthly.
Final Paycheck Timing
NY Labor Law § 191(3): Final wages must be delivered no later than the regular payday for the pay period during which separation occurred.
Meal & Rest Breaks
NY Labor Law § 162: 30-minute meal period for shifts over 6 hours spanning 11:00 AM–2:00 PM (60 minutes for factory workers). Rest breaks are not mandated by statute.
State Income Tax Status
New York State levies a state personal income tax on wages administered by the Department of Taxation and Finance, with local municipal taxes in New York City and Yonkers.