Am I Eligible for Overtime Pay in New York? 2026 Salary Rules Explained

Your employer may sometimes expect you to put in additional time outside of your regular hours-even if they will not pay you for it. Or, perhaps they do compensate you for these hours, but not with the standard time-and-a-half expected for overtime wages. Both of these situations can frustrate you and leave you questioning whether you are being fairly compensated.

Wage and hour violations are common in the workforce, but that does not mean they are acceptable or legal. If you have been working off the clock without adequate compensation, an employment lawyer can help you seek overtime pay.

Who Qualifies for Overtime Pay Under NYLL & FLSA?

In New York, rules about overtime pay fall under both the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Generally, if you work more than 40 hours in a single workweek, you are entitled to 1.5x your regular rate of pay unless your employer can prove you fall into a very specific “exempt” category.

You are likely entitled to overtime pay if:

• You are paid an hourly wage: Almost all hourly workers in New York must receive overtime.

• You are misclassified as “Salaried”: Just because you receive a flat weekly salary doesn’t mean you aren’t owed overtime. If your duties don’t meet strict legal criteria, you are a non-exempt employee.

• You work “Off-the-Clock”: This includes answering emails after hours, attending mandatory “voluntary” meetings, or working through your lunch break. If your employer knows you are working, they must pay you.

Even if you have not requested overtime or have not reported your additional hours to your employer, the law still protects your right to receive time-and-a-half for the overtime times you work.

New York’s 2026 Salary Thresholds for Overtime Eligibility

To be exempt from overtime in New York, an employee must pass both a “Duties Test” and a “Salary Basis Test.” As of January 1, 2026, the state-mandated minimum salary for “Executive” or “Administrative” employees has increased.

• $1,275.00 per week ($66,300.00/year) if you work in New York City, Nassau, Suffolk, or Westchester Counties.

• $1,199.10 per week ($62,353.20/year) if you work anywhere else in New York State.

How to receive overtime pay

Enforcing your right to collect overtime wages comes with its challenges. Many employers try to force their employees to work off the clock without pay, which violates the law and deprives you of the compensation you deserve. Furthermore, if your employer makes you work without overtime pay for a continued period of time, they may also owe you back pay and additional compensation as damages.

If you are working more than 40 hours per week and believe that your employer is not paying you the overtime compensation you deserve, speak with an employment law attorney who can help put you on the path toward appropriate compensation.

Consult Our Employment Lawyers at Katz Melinger PLLC

If you believe you were treated differently at work because of a protected characteristic, or if you suspect you are being denied the overtime pay you’ve earned, it can help to talk through your situation with someone who understands how these cases are evaluated.

Katz Melinger PLLC works with employees to assess whether workplace conduct may qualify as disparate treatment and to explain the legal options that may be available for recovering unpaid wages

Katz Melinger PLLC

370 Lexington Ave # 1512, New York, NY 10017

(212) 460-0047