Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce
Exceptions
Category
employees employed in a bona fide executive, administrative, or professional capacity (including academic administrative personnel or teachers in elementary or secondary schools)
Condition
Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from the Act's minimum wage and overtime requirements (29 CFR 541.0(a)); salary requirements in 29 CFR part 541 subpart G apply
Category
outside sales employees
Condition
exempt from minimum wage and overtime requirements under section 13(a)(1) of the Act (29 CFR 541.0(a), 541.500)
Category
computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees
Condition
Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements (29 CFR 541.0(a)); see also 29 CFR 541.400
Category
employees of a retail or service establishment paid mainly by commission
Condition
if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services (29 U.S.C. 207(i))
Category
employees receiving remedial education
Condition
not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek without overtime pay, if the employee is receiving remedial education meeting 29 U.S.C. 207(q)
Category
employees of street, suburban or interurban electric railway, or local trolley or motorbus carrier employers in charter activities
Condition
hours employed in charter activities are excluded from the hours to which the overtime rate applies, if by prior agreement and not part of regular employment (29 U.S.C. 207(n))
no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. … No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. … Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— … in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. … No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. … No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— … in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975 … No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— … and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. … For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— … such employment by such employer which is in excess of ten hours in any workday, and … such employment by such employer which is in excess of forty-eight hours in any workweek,
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 5 · effective from until · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
Covered (non-residential) employees
Exceptions
Category
Part 142 employees subject to the exemptions of section 13 of the Fair Labor Standards Act (except section 13(a)(2) and (4))
Condition
12 NYCRR § 142-2.2: overtime at the regular-rate multiple is 'subject to the exemptions of sections 7 and 13' of the FLSA, but 'an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate' (partial exemption)
Category
Residential house parents in children's homes
Condition
12 NYCRR § 142-3.2 (nonprofitmaking institutions): 'This provision shall not apply to residential house parents in children's homes.'
Category
government employees
Condition
12 NYCRR 142-2.14(b): Employee does not include any individual employed by a Federal, State or municipal government or political subdivision thereof (outside Part 142, so outside its overtime rule).
Category
part-time baby-sitters and live-in companions
Condition
12 NYCRR 142-2.14(c)(1): an individual in service as a part-time baby-sitter in the home of the employer; or someone who lives in the home of an employer to serve as a companion to a sick, convalescing or elderly person, and whose principal duties do not include housekeeping.
Category
booth renters
Condition
12 NYCRR 142-2.14(c)(2): someone who leases or rents space in a beauty establishment or shop and who operates as an owner or an independent contractor.
Upcoming changes
From : State (New York)amendment
overtime in us-ny: version 6, effective 2028-01-01, published (amendment); replaces version 5
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 6 · effective from until · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
Covered (non-residential) employees
Exceptions
Category
Part 142 employees subject to the exemptions of section 13 of the Fair Labor Standards Act (except section 13(a)(2) and (4))
Condition
12 NYCRR § 142-2.2: overtime at the regular-rate multiple is 'subject to the exemptions of sections 7 and 13' of the FLSA, but 'an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate' (partial exemption)
Category
Residential house parents in children's homes
Condition
12 NYCRR § 142-3.2 (nonprofitmaking institutions): 'This provision shall not apply to residential house parents in children's homes.'
Category
government employees
Condition
12 NYCRR 142-2.14(b): Employee does not include any individual employed by a Federal, State or municipal government or political subdivision thereof (outside Part 142, so outside its overtime rule).
Category
part-time baby-sitters and live-in companions
Condition
12 NYCRR 142-2.14(c)(1): an individual in service as a part-time baby-sitter in the home of the employer; or someone who lives in the home of an employer to serve as a companion to a sick, convalescing or elderly person, and whose principal duties do not include housekeeping.
Category
booth renters
Condition
Change history
Federal: United States
Version
Effective
Published
Change
Value
4in effect
new
overtime in us: version 4, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
State: New York
Version
Effective
Published
Change
Value
8
amendment
overtime in us-ny: version 8, effective 2032-01-01, published (amendment); replaces version 7
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
7
to
amendment
overtime in us-ny: version 7, effective 2030-01-01, published (amendment); replaces version 6
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
6
to
amendment
overtime in us-ny: version 6, effective 2028-01-01, published (amendment); replaces version 5
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
5in effect
to
new
overtime in us-ny: version 5, effective 2026-01-01, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
The response holds everything on this page, including each level's sources. See the API docs; a free key is enough for today's rule.
Informational only. Not legal advice. Verify with the cited source.
1.5
Alternative schemes
Group
employers engaged in the operation of a hospital or an establishment primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises
Condition
pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days (29 U.S.C. 207(j))
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
public agency employees in fire protection activities or law enforcement activities (including security personnel in correctional institutions)
Condition
in a work period of 28 consecutive days, tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours determined by the Secretary for calendar year 1975; shorter work periods of at least 7 days use the same ratio (29 U.S.C. 207(k))
Period days
28
Group
employees employed under collective bargaining agreements described in 29 U.S.C. 207(b)(1) or (2), or by independently owned local petroleum distribution enterprises described in 207(b)(3)
Condition
if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate (29 U.S.C. 207(b)); overtime required for hours in excess of the daily or weekly maximum, whichever number of hours is greater (29 CFR 778.602)
Period days
7
Threshold daily hours
12
Threshold period hours
56
Group
employees employed in auction sale, buying, handling, stripping, sorting, grading, packing or storing of specified types of green leaf or cigar leaf tobacco
Condition
For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (29 U.S.C. 207(m)); an employer using this exemption is not eligible for any other exemption under section 207
The Department’s regulations require executive, administrative, and professional employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).
Section 13(a)(1) of the Fair Labor Standards Act, as amended, provides an exemption from the Act's minimum wage and overtime requirements for any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of an outside sales employee … Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements for computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees.
he must be paid at such overtime rate for all hours worked in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever number of hours is greater.
executive and administrative employees meeting the duties and salary tests
Condition
12 NYCRR 142-2.14(c)(4)(i)-(ii): bona fide executive or administrative capacity meeting the duties tests and paid a salary, inclusive of board, lodging or other allowances, of not less than $1,275.00 per week in New York City and in Nassau, Suffolk and Westchester counties, and $1,199.10 per week in the remainder of the state, on and after January 1, 2026.
Category
professional employees
Condition
12 NYCRR 142-2.14(c)(4)(iii): bona fide professional capacity: primary duty requiring knowledge of an advanced type acquired by prolonged specialized study, or original and creative work in a recognized artistic field, with consistent exercise of discretion and judgment or predominantly intellectual and varied work (no salary test stated).
Category
outside salespersons
Condition
12 NYCRR 142-2.14(c)(5): an individual customarily and predominantly engaged away from the premises of the employer and not at any fixed site for the purpose of making sales, selling and delivering articles or goods, or obtaining orders or contracts for service or for the use of facilities.
Category
taxicab drivers
Condition
12 NYCRR 142-2.14(c)(6): an individual employed to drive an automobile equipped to carry no more than seven passengers, used in carrying passengers for hire on a zone or meter fare basis, generally limited to local transportation needs and not operated over fixed routes, between fixed terminals, or under contract.
Category
students working for college fraternities, sororities or student or faculty associations
Condition
12 NYCRR 142-2.14(c)(7): a student permitted to work in or for a college or university fraternity, sorority, student association or faculty association, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which is recognized by such college or university.
Category
staff counselors in children's camps
Condition
12 NYCRR 142-2.14(c)(8): a person whose duties primarily relate to the guidance, instruction, supervision and care of campers in a children's camp; a children's camp does not include an establishment open for a period exceeding 17 consecutive weeks during the year.
Multiplier
1.5
Alternative schemes
Group
Residential employees ("live-in" workers)
Condition
For working time over 44 hours in each workweek (12 NYCRR § 142-2.2, § 142-3.2)
Period days
7
Threshold period hours
44
Group
Farm employees
Condition
for all hours over 52 in a calendar week on or after 01/01/2026; and/or for any hours worked on day of rest
Covered employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 40 in a payroll week … Residential employees ("live-in" workers) | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 44 in a payroll week … Farm employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over: … 52 in a calendar week on or after 01/01/2026; … and/or for any hours worked on day of rest. … New York State follows these exclusions. However, the State still requires that most workers receive at least one and one-half times the minimum rate for their overtime hours in businesses covered by the Miscellaneous Wage Order.
An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate. … For working time over 40 hours 44 hours … This provision shall not apply to residential house parents in children's homes.
12 NYCRR 142-2.14(c)(2): someone who leases or rents space in a beauty establishment or shop and who operates as an owner or an independent contractor.
Category
executive and administrative employees meeting the duties and salary tests
Condition
12 NYCRR 142-2.14(c)(4)(i)-(ii): bona fide executive or administrative capacity meeting the duties tests and paid a salary, inclusive of board, lodging or other allowances, of not less than $1,275.00 per week in New York City and in Nassau, Suffolk and Westchester counties, and $1,199.10 per week in the remainder of the state, on and after January 1, 2026.
Category
professional employees
Condition
12 NYCRR 142-2.14(c)(4)(iii): bona fide professional capacity: primary duty requiring knowledge of an advanced type acquired by prolonged specialized study, or original and creative work in a recognized artistic field, with consistent exercise of discretion and judgment or predominantly intellectual and varied work (no salary test stated).
Category
outside salespersons
Condition
12 NYCRR 142-2.14(c)(5): an individual customarily and predominantly engaged away from the premises of the employer and not at any fixed site for the purpose of making sales, selling and delivering articles or goods, or obtaining orders or contracts for service or for the use of facilities.
Category
taxicab drivers
Condition
12 NYCRR 142-2.14(c)(6): an individual employed to drive an automobile equipped to carry no more than seven passengers, used in carrying passengers for hire on a zone or meter fare basis, generally limited to local transportation needs and not operated over fixed routes, between fixed terminals, or under contract.
Category
students working for college fraternities, sororities or student or faculty associations
Condition
12 NYCRR 142-2.14(c)(7): a student permitted to work in or for a college or university fraternity, sorority, student association or faculty association, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which is recognized by such college or university.
Category
staff counselors in children's camps
Condition
12 NYCRR 142-2.14(c)(8): a person whose duties primarily relate to the guidance, instruction, supervision and care of campers in a children's camp; a children's camp does not include an establishment open for a period exceeding 17 consecutive weeks during the year.
Multiplier
1.5
Alternative schemes
Group
Residential employees ("live-in" workers)
Condition
For working time over 44 hours in each workweek (12 NYCRR § 142-2.2, § 142-3.2)
Period days
7
Threshold period hours
44
Group
Farm employees
Condition
for all hours over 48 in a calendar week on or after 01/01/2028; and/or for any hours worked on day of rest
Covered employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 40 in a payroll week … Residential employees ("live-in" workers) | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 44 in a payroll week … Farm employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over: … 48 in a calendar week on or after 01/01/2028; … and/or for any hours worked on day of rest.
An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate. … For working time over 40 hours 44 hours … This provision shall not apply to residential house parents in children's homes.
overtime in us-ny: version 7, effective 2030-01-01, published (amendment); replaces version 6
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 7 · effective from until · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
Covered (non-residential) employees
Exceptions
Category
Part 142 employees subject to the exemptions of section 13 of the Fair Labor Standards Act (except section 13(a)(2) and (4))
Condition
12 NYCRR § 142-2.2: overtime at the regular-rate multiple is 'subject to the exemptions of sections 7 and 13' of the FLSA, but 'an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate' (partial exemption)
Category
Residential house parents in children's homes
Condition
12 NYCRR § 142-3.2 (nonprofitmaking institutions): 'This provision shall not apply to residential house parents in children's homes.'
Category
government employees
Condition
12 NYCRR 142-2.14(b): Employee does not include any individual employed by a Federal, State or municipal government or political subdivision thereof (outside Part 142, so outside its overtime rule).
Category
part-time baby-sitters and live-in companions
Condition
12 NYCRR 142-2.14(c)(1): an individual in service as a part-time baby-sitter in the home of the employer; or someone who lives in the home of an employer to serve as a companion to a sick, convalescing or elderly person, and whose principal duties do not include housekeeping.
Category
booth renters
Condition
12 NYCRR 142-2.14(c)(2): someone who leases or rents space in a beauty establishment or shop and who operates as an owner or an independent contractor.
Category
executive and administrative employees meeting the duties and salary tests
Condition
12 NYCRR 142-2.14(c)(4)(i)-(ii): bona fide executive or administrative capacity meeting the duties tests and paid a salary, inclusive of board, lodging or other allowances, of not less than $1,275.00 per week in New York City and in Nassau, Suffolk and Westchester counties, and $1,199.10 per week in the remainder of the state, on and after January 1, 2026.
Category
professional employees
Condition
12 NYCRR 142-2.14(c)(4)(iii): bona fide professional capacity: primary duty requiring knowledge of an advanced type acquired by prolonged specialized study, or original and creative work in a recognized artistic field, with consistent exercise of discretion and judgment or predominantly intellectual and varied work (no salary test stated).
Category
outside salespersons
Condition
12 NYCRR 142-2.14(c)(5): an individual customarily and predominantly engaged away from the premises of the employer and not at any fixed site for the purpose of making sales, selling and delivering articles or goods, or obtaining orders or contracts for service or for the use of facilities.
Category
taxicab drivers
Condition
12 NYCRR 142-2.14(c)(6): an individual employed to drive an automobile equipped to carry no more than seven passengers, used in carrying passengers for hire on a zone or meter fare basis, generally limited to local transportation needs and not operated over fixed routes, between fixed terminals, or under contract.
Category
students working for college fraternities, sororities or student or faculty associations
Condition
12 NYCRR 142-2.14(c)(7): a student permitted to work in or for a college or university fraternity, sorority, student association or faculty association, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which is recognized by such college or university.
Category
staff counselors in children's camps
Condition
12 NYCRR 142-2.14(c)(8): a person whose duties primarily relate to the guidance, instruction, supervision and care of campers in a children's camp; a children's camp does not include an establishment open for a period exceeding 17 consecutive weeks during the year.
Multiplier
1.5
Alternative schemes
Group
Residential employees ("live-in" workers)
Condition
For working time over 44 hours in each workweek (12 NYCRR § 142-2.2, § 142-3.2)
Period days
7
Threshold period hours
44
Group
Farm employees
Condition
for all hours over 44 in a calendar week on or after 01/01/2030; and/or for any hours worked on day of rest
Covered employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 40 in a payroll week … Residential employees ("live-in" workers) | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 44 in a payroll week … Farm employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over: … 44 in a calendar week on or after 01/01/2030; … and/or for any hours worked on day of rest.
An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate. … For working time over 40 hours 44 hours … This provision shall not apply to residential house parents in children's homes.
overtime in us-ny: version 8, effective 2032-01-01, published (amendment); replaces version 7
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 8 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
Covered (non-residential) employees
Exceptions
Category
Part 142 employees subject to the exemptions of section 13 of the Fair Labor Standards Act (except section 13(a)(2) and (4))
Condition
12 NYCRR § 142-2.2: overtime at the regular-rate multiple is 'subject to the exemptions of sections 7 and 13' of the FLSA, but 'an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate' (partial exemption)
Category
Residential house parents in children's homes
Condition
12 NYCRR § 142-3.2 (nonprofitmaking institutions): 'This provision shall not apply to residential house parents in children's homes.'
Category
government employees
Condition
12 NYCRR 142-2.14(b): Employee does not include any individual employed by a Federal, State or municipal government or political subdivision thereof (outside Part 142, so outside its overtime rule).
Category
part-time baby-sitters and live-in companions
Condition
12 NYCRR 142-2.14(c)(1): an individual in service as a part-time baby-sitter in the home of the employer; or someone who lives in the home of an employer to serve as a companion to a sick, convalescing or elderly person, and whose principal duties do not include housekeeping.
Category
booth renters
Condition
12 NYCRR 142-2.14(c)(2): someone who leases or rents space in a beauty establishment or shop and who operates as an owner or an independent contractor.
Category
executive and administrative employees meeting the duties and salary tests
Condition
12 NYCRR 142-2.14(c)(4)(i)-(ii): bona fide executive or administrative capacity meeting the duties tests and paid a salary, inclusive of board, lodging or other allowances, of not less than $1,275.00 per week in New York City and in Nassau, Suffolk and Westchester counties, and $1,199.10 per week in the remainder of the state, on and after January 1, 2026.
Category
professional employees
Condition
12 NYCRR 142-2.14(c)(4)(iii): bona fide professional capacity: primary duty requiring knowledge of an advanced type acquired by prolonged specialized study, or original and creative work in a recognized artistic field, with consistent exercise of discretion and judgment or predominantly intellectual and varied work (no salary test stated).
Category
outside salespersons
Condition
12 NYCRR 142-2.14(c)(5): an individual customarily and predominantly engaged away from the premises of the employer and not at any fixed site for the purpose of making sales, selling and delivering articles or goods, or obtaining orders or contracts for service or for the use of facilities.
Category
taxicab drivers
Condition
12 NYCRR 142-2.14(c)(6): an individual employed to drive an automobile equipped to carry no more than seven passengers, used in carrying passengers for hire on a zone or meter fare basis, generally limited to local transportation needs and not operated over fixed routes, between fixed terminals, or under contract.
Category
students working for college fraternities, sororities or student or faculty associations
Condition
12 NYCRR 142-2.14(c)(7): a student permitted to work in or for a college or university fraternity, sorority, student association or faculty association, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which is recognized by such college or university.
Category
staff counselors in children's camps
Condition
12 NYCRR 142-2.14(c)(8): a person whose duties primarily relate to the guidance, instruction, supervision and care of campers in a children's camp; a children's camp does not include an establishment open for a period exceeding 17 consecutive weeks during the year.
Multiplier
1.5
Alternative schemes
Group
Residential employees ("live-in" workers)
Condition
For working time over 44 hours in each workweek (12 NYCRR § 142-2.2, § 142-3.2)
Period days
7
Threshold period hours
44
Group
Farm employees
Condition
for all hours over 40 in a calendar week on or after 01/01/2032; and/or for any hours worked on day of rest
Covered employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 40 in a payroll week … Residential employees ("live-in" workers) | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over 44 in a payroll week … Farm employees | One and one-half times their regular, "straight-time" hourly rate of pay for all hours over: … 40 in a calendar week on or after 01/01/2032; and/or for any hours worked on day of rest.
An employer shall pay an employee for overtime at a wage rate of one and one-half times the employee's regular rate in the manner and methods provided in and subject to the exemptions of sections 7 and 13 of 29 USC 201 et seq., the Fair Labor Standards Act of 1938, as amended, provided, however, that the exemptions set forth in section 13(a)(2) and (4) shall not apply. In addition, an employer shall pay employees subject to the exemptions of section 13 of the Fair Labor Standards Act, as amended, except employees subject to section 13(a)(2) and (4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate. … For working time over 40 hours 44 hours … This provision shall not apply to residential house parents in children's homes.