Overtime

For any hours an employee worked over 40 per week, the employee must receive overtime.

Employees must receive overtime pay for hours worked over 40 in a workweek at a rate of at least one and a half times their regular rate of pay. There is no limit in the law on the number of hours employees aged 16 and older may work in any workweek. There is no legal requirement for overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime (i.e. hours after 40 per week) is worked on such days. The overtime pay requirement may not be waived by agreement between the restaurant and the employee.  Salaried administrative, executive and professional employees may be “exempt” from this overtime requirement, but being paid a salary does not automatically exempt a worker from the overtime requirements.

Effective December 31, 2022, the minimum overtime pay rate for New York restaurant workers who are paid the minimum wage varies depending on the location of the restaurant. The applicable overtime minimum wage rates for regular (i.e., “back of the house”) and tipped employees are as follows:

Overtime Min. Wage Rate as of 12/31/22

New York City

 - Full. Min. Wage Rate (as of 12/31/22)

• $15.00 per hour
• $22.50 per hour overtime rate
• Up to $5.00, with $10.00 per hour in house pay (Tip Credit)

Long Island and Westchester County

--- Full. Min. Wage Rate (as of 12/31/22)

• $15.00 per hour
• $22.50 per hour overtime rate
• Up to $5.00, with $10.00 per hour in house pay (Tip Credit)

Rest of New York State

--- Full. Min. Wage Rate (as of 12/31/22)

• $14.20 per hour
• $21.30 per hour overtime rate
• Up to $4.75, with $9.45 per hour in house pay (Tip Credit)

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The overtime wage rate for fast food employees in all of New York State is $22.50 per hour.