New York Overtime Calculator (2026)
New York follows the FLSA 40-hour weekly overtime rule but adds important local protections: NYC has a higher minimum wage ($16.50/hr for large employers in 2026), and NYC residents pay an additional local income tax of up to 3.876%. This calculator computes overtime pay correctly for both NYC residents and statewide NY workers, and includes an estimate of NY state income tax and NYC local tax.
New York Overtime Parameters
NY Labor Law § 652 · NYC $16.50 / NY State $15.50 Min Wage · 40h Threshold
Calculation Breakdown
Standard straight-time rate up to 40 hours/week
NY Labor Law § 652 / FLSA: Hours worked over 40 in workweek
NYS Department of Taxation and Finance withholding table
Mandatory municipal tax for NYC 5-borough residents
Estimated net wages deposited after federal, NYS, and NYC deductions
•New York overtime requires 1.5× regular rate after 40 hours per week under NY Labor Law and 12 NYCRR Part 142. Minimum wage: $16.50/hr in New York City.
New York Labor Law & Overtime Rules
Under NY Labor Law § 652 and 12 NYCRR Part 142, non-exempt employees must receive 1.5× regular pay for work exceeding 40 hours per workweek. Unlike California, New York has no daily overtime threshold, but New York City residents must account for an additional 3.876% municipal tax withholding on overtime wages.
How Your New York Overtime Was Calculated
Statutory NY Labor Law § 652 and New York Department of Labor (NYSDOL) regulations.
NY Labor Law 40-Hour Workweek Threshold
8.0 OT hrsUnder 12 NYCRR § 142-2.2 and the Fair Labor Standards Act, non-exempt employees in New York must be paid overtime at 1.5 times their regular hourly rate for all hours worked in excess of 40 in a calendar workweek.
Statutory Minimum Wage Floor ($16.50/hr)
Compliant FloorIn New York City, the statutory minimum wage for 2026 is $16.50/hr under NY Labor Law § 652. Overtime must be at least $24.75/hr (1.5 × $16.50).
Overtime Premium Pay Calculation
$336.00Overtime earnings earned for the weekly pay period.
NYC Local Resident Tax Impact (3.876%)
-$56.43 NYC TaxNew York City residents are subject to a separate municipal personal income tax (3.078%–3.876%) on all overtime and regular wages. Non-NYC residents are exempt from this local withholding.
How This Calculation Works & Applicable Rules
Calculation Methodology
- 01Overtime Threshold: 40 hours/week under NY Labor Law § 652 and FLSA — all OT hours must be paid at 1.5× the regular rate.
- 02NYC Minimum Wage: Large NYC employers (11+ employees) must pay at least $16.50/hr in 2026; small employers (1–10 employees) pay $16.00/hr; rest of NY State pays $15.50/hr.
- 03NYC Local Tax: New York City residents pay a local income tax of 3.078%–3.876% in addition to NY state income tax (4%–10.9%).
- 04Two-Rate Weeks: Dual-rate weeks are resolved using the FLSA weighted average method (29 CFR § 778.115) — same as federal law.
- 05NY HERO Act & Other Protections: New York's minimum wage schedule adjusts annually based on the Consumer Price Index for NYC-metro area.
Statutory Rules & Provisions
- •New York Labor Law Article 19 (§ 652) codifies the FLSA overtime standard for the state — 1.5× regular rate after 40 hours/workweek.
- •New York does not have California-style daily overtime — the threshold is purely weekly.
- •NYC employees should note that minimum wage in NYC is higher than the rest of New York State; any employer paying below the applicable local minimum violates NY Labor Law.
- •Spread-of-hours pay: NY requires one additional hour at the minimum wage when a non-exempt employee's workday spans more than 10 hours from start to finish (spread-of-hours rule, 12 NYCRR § 146-1.6). This applies mainly to hospitality industry workers.
Current Statutory Rates & Thresholds
| Tax / Bracket / Levy | Statutory Rate | Application Notes |
|---|---|---|
| OT Threshold | > 40 hours/week | NY Labor Law § 652 + FLSA |
| OT Rate | 1.5× | All overtime hours |
| NYC Min Wage (Large Employer) | $16.50/hr | 11+ employees, effective 2026 |
| NY State Min Wage | $15.50/hr | Rest of New York State, 2026 |
| NYC Local Income Tax | 3.078%–3.876% | NYC residents only; non-residents pay 0% |
Calculation Assumptions & Boundary Limits
- OT threshold is 40 hours/week — New York has no daily OT rule.
- NYC minimum wage: $16.50/hr for large employers (11+ employees) as of 2026.
- NYC local tax estimate at top resident rate (3.876%) — commuters pay 0% NYC tax.
- Tax estimates are approximate effective rates — actual withholding depends on full-year income and filing.
- Weighted average method per 29 CFR § 778.115 for dual-rate weeks.
Official Sources & Regulatory Reference
CalcGeo calculates estimates based on published statutory formulas, brackets, and tax schedules from official government and regulatory authorities.
New York Labor Law Article 19 — Minimum Wage & Overtime
New York State Department of Labor
New York Department of Labor — Minimum Wage Schedule
New York State Department of Labor
U.S. Department of Labor — FLSA Overtime Rules (29 CFR Part 778)
U.S. Department of Labor — Wage & Hour Division
Frequently Asked Questions
What is New York's minimum wage for overtime purposes in 2026?
New York State's minimum wage for most employees outside NYC is $15.50/hour as of January 2026, increasing annually per the NY Wage Board schedule. For New York City employees: large employers (11 or more employees) must pay at least $16.50/hour; small employers (10 or fewer employees) must pay at least $16.00/hour. Nassau, Suffolk, and Westchester Counties have intermediate rates. The overtime premium must be calculated based on the actual wage paid — not just the minimum wage — so an employee earning $22/hr would receive $33/hr for OT, not $16.50 × 1.5.
Do NYC employees pay a local income tax on overtime?
Yes. NYC residents pay a New York City resident income tax on all wages — including overtime. The NYC resident tax rates for 2025 are 3.078% on the first $12,000, 3.762% on $12,001–$25,000, 3.819% on $25,001–$50,000, and 3.876% on income over $50,000. Non-residents who work in NYC (commuters from NJ, CT, or other NY counties) do NOT pay the NYC resident tax, though they do pay NY State income tax. This NYC local tax is in addition to the NY State tax (4%–10.9%) and federal income tax.
Related Calculators
US Federal & State Overtime Law Guide
How FLSA and state laws govern overtime across the US, with real worked examples.