- NYC’s 2026 overtime exemption salary threshold is $1,275 per week ($66,300 annually)
- Employees earning below that amount are generally eligible for overtime
- Job duties—not just job title—determine whether you are exempt
- Many salaried employees are misclassified and still qualify for overtime
- Overtime is typically paid at 1.5x your regular rate after 40 hours
Whether you qualify for overtime in New York City in 2026 depends on how much you earn and what you actually do at work. Even if you are paid a salary or have a “manager” title, you may still be entitled to overtime if your pay or duties do not meet legal exemption standards.
What Is the Overtime Rule in New York?
In New York, most employees must be paid overtime for hours worked over 40 in a week. Overtime pay is calculated at one and one-half times your regular hourly rate.
However, some employees are classified as “exempt,” meaning they are not entitled to overtime. To be properly classified as exempt, your employer must meet both:
- A salary threshold test, and
- A duties test
If either test is not met, you may still qualify for overtime—even if you are salaried.
2026 Salary Threshold for Overtime in NYC
As of January 1, 2026, the salary threshold for exemption in New York City is:
- $1,275 per week
- $66,300 per year
If you earn less than this amount, you are generally entitled to overtime pay—no matter your job title.
This threshold applies primarily to executive and administrative employees. If your salary falls below it, your employer cannot classify you as exempt.
The Duties Test: Why Your Job Title Doesn’t Decide Eligibility
Even if you earn above the salary threshold, your job must meet specific duties requirements to qualify as exempt.
Executive Duties (Typical Requirements)
- Supervising at least two employees
- Having authority over hiring or firing decisions
- Primarily managing the business or a department
Administrative Duties
- Performing office or non-manual work
- Exercising independent judgment on important business matters
Professional Duties
- Work requiring advanced knowledge (e.g., lawyers, doctors)
New York law follows a similar structure to federal standards. If your day-to-day work does not match these categories, you may still qualify for overtime—even if your salary is high.
Important Exception: Professional Employees
New York does not set its own salary threshold for professional employees. Instead, federal law applies, with a lower threshold of:
- $684 per week ($35,568 annually)
That means some professionals may be classified as exempt at lower salaries—but only if they meet strict job duty requirements.
Common Situations Where Employees Still Qualify for Overtime
You may still be entitled to overtime in NYC if:
- You earn less than $1,275/week
- You are salaried but spend most of your time doing non-managerial work
- You have a “manager” title but lack real authority
- You are required to work long hours without additional pay
- Your job duties are routine rather than decision-based
Misclassification is common, especially in retail, hospitality, and office roles.
What If You Were Misclassified?
If your employer incorrectly classifies you as exempt:
- You may be owed back pay for unpaid overtime
- You may recover damages for multiple years
- Your employer may face penalties under New York law
Because classification depends on both salary and duties, even small details about your job can make a difference.
Steps to Take if You Think You Qualify for Overtime
If you believe you should be receiving overtime pay:
- Track your hours – Keep records of time worked beyond 40 hours
- Review your pay – Compare your salary to the 2026 threshold
- Evaluate your duties – Look at what you actually do each day
- Save documentation – Emails, schedules, and job descriptions
- Speak with an attorney – Before raising concerns internally
Taking early action can help preserve your claim.
What About Retaliation?
Employers are not allowed to retaliate against employees who raise concerns about unpaid wages or overtime.
Retaliation may include:
- Termination
- Demotion
- Reduced hours
- Negative treatment after a complaint
If retaliation occurs, it may create a separate legal claim.
Protect Your Pay Rights in 2026
Overtime eligibility in NYC is not just about whether you are paid a salary. It comes down to how much you earn and what you actually do on the job. With the 2026 salary threshold increase, more workers may now qualify for overtime than in prior years.
If your pay or classification does not align with the law, Lispky Lowe can protect your rights and help you recover unpaid wages. Connect with us today.
FAQs About Overtime in NYC
Do salaried employees get overtime in NYC?
Yes, if they do not meet both the salary threshold and duties test, salaried employees can still qualify for overtime.
What is the minimum salary to be exempt in NYC in 2026?
$1,275 per week or $66,300 per year.
Can my employer deny overtime if I’m called a manager?
No. Your actual job duties—not your title—determine whether you are exempt.
How far back can I recover unpaid overtime?
In many cases, you may recover unpaid wages going back several years, depending on the claim.
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