When someone tells me they’re salaried and “don’t get overtime,” I always ask the same thing: “Are you sure you’re actually exempt?” Because in New York, wage and hour law doesn’t care about what you call someone. It cares about how they’re paid and what they actually do.

Let’s lay out the overtime laws that matter most — and what happens if you don’t follow them.

Basic Overtime Rule in New York

Here’s the starting point:
If an employee works over 40 hours in a workweek, they’re entitled to 1.5 times their regular rate of pay for those extra hours.

That rule applies unless they fall under a legal exemption. And those exemptions are narrow. Most hourly workers in New York qualify for overtime.

What Laws Govern Overtime in New York?

Two major sources:

1. The Fair Labor Standards Act (FLSA)

This is the federal law that sets the nationwide minimum wage and overtime rules. It defines who is exempt and who is not. But New York adds extra layers.

Contact us if you’re unsure where you fall.

2. The New York Labor Law (NYLL)

New York’s laws build on the FLSA. They often provide stronger protections — including higher minimum salary thresholds for exempt workers.

If state law offers more protection than federal law, the law that benefits the worker applies. Always.

Who Is Entitled to Overtime in New York?

The vast majority of workers — especially hourly workers — qualify for overtime unless they meet all of these:

• Salary Basis Test — They’re paid a fixed salary
• Salary Threshold Test — In 2024:
  • NYC: $1,237.50/week
  • Rest of NY: $1,161.65/week
• Duties Test — They must have certain executive, administrative, or professional job duties

Miss any one of those? The worker gets overtime. Period.

What Happens If You Don’t Pay Overtime?

I’ve seen employers misclassify workers without even knowing it. I’ve also seen employees clocking 50+ hours a week without a clue they’re entitled to more pay.

Here’s what happens when someone files a complaint:

• You may owe back wages for up to 6 years (under NY law)
• Add liquidated damages — often double the amount owed
• And attorneys’ fees, which stack up fast

The cost of noncompliance adds up long before you set foot in court.

Common Mistakes That Lead to Violations

• Confusing salaried with exempt
• Ignoring updated salary thresholds (like the 2026 increases)
• Not tracking hours for “exempt” employees
• Misclassifying employees as independent contractors

Each of these errors can trigger a wage and hour violation — and it doesn’t take a class action for the bill to be high.

What I Tell Employers and Workers

Whether you’re trying to stay compliant or figure out if you’re owed money, overtime law in New York is stricter than many think. There’s no shame in double-checking — only risk if you don’t.

Our wage and hour attorneys help employees enforce their rights and help businesses correct missteps before they lead to litigation.

Think something might be wrong in your workplace or payroll setup? Contact us — The Samuel Law Firm is here to help you move forward with clarity.