New York Overtime & Paycheck Calculator
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Managing payroll or shift workers in CALIFORNIA?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
New York Statutory Wage & Overtime Authority
Statutory Legal Citation: NY Labor Law Art. 19 § 650
New York Labor Law sets minimum wage at $16.00/hr in NYC, Long Island, and Westchester. Includes Spread of Hours rules requiring 1 extra hour of pay for shifts spanning over 10 hours.
Employee Statutory Rights (NY)
- ✓ Spread of hours pay: 1 extra hour of regular wage for shifts spanning more than 10 hours.
- ✓ Mandatory 30-minute meal break for shifts over 6 hours under NY Labor Law § 162.
- ✓ Weekly overtime at 1.5x regular rate for hours worked over 40.
Employer Mandatory Obligations (NY)
- § Provide written Wage Theft Prevention Act notice to all new hires.
- § Pay manual workers weekly unless NY State DOL approval is granted for biweekly pay.
- § Maintain detailed time and payroll records for 6 years.
New York Statutory Wage & Overtime FAQs
What is the minimum wage in New York for 2026? ↓
Under statutory citation NY Labor Law Art. 19 § 650, the 2026 minimum wage in New York is $16.00 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does New York mandate daily overtime pay? ↓
New York follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in New York take a tip credit against wage rates? ↓
New York permits employers to claim a maximum tip credit of $2.65/hr against tipped staff, requiring a minimum direct cash wage of $13.35/hr.
Common New York Payroll Compliance Traps & Audit Penalties
Failing to pay 1 extra hour of regular minimum wage for spread of hours > 10 hours.
Paying manual labor workers biweekly without official DOL permission.
Incorrect tip credit deductions in food service operations.
Did Your Employer Violate New York Labor Law?
30-Second Diagnostic • Sourced from NY Labor Law Art. 19 § 650
Based on New York labor code standards (NY Labor Law Art. 19 § 650), your responses indicate potential statutory wage violations.
Never Miss an Overtime Dollar or Statutory Rate Update
Set weekly payday audit reminders & New York labor code alert updates
Add a recurring Friday payday paystub audit reminder directly to your phone calendar.
Employer Statutory Violation & Penalty Risk Audit
Department of Labor & State Compliance Fine Exposure in New York
Under FLSA § 216(b), mandatory double back pay is assessed for unpaid overtime.
1 hour regular rate premium pay per workday missed under state law.
Waiting time statutory penalties for delayed final paycheck settlement.
Automate state-specific overtime thresholds, tip credits, and meal breaks with Gusto Payroll & multi-state compliance partners.
FLSA & NY Overtime Exemption Checklist
Determine if an employee is legally exempt from overtime under state and federal law
Earns at least $844/week ($43,888/yr federal minimum) or state higher threshold (e.g. CA $66,560/yr).
Primary duty involves managing business operations, directing 2+ staff, or exercising independent judgment.
Receives a predetermined, non-deductible salary regardless of quality or quantity of weekly work.
Managing payroll or shift workers in New York?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
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