N.Y. Comp. Codes R. & Regs. tit. 12 § 142-3.2
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 U.S.C. 201et seq., the Fair Labor Standards Act of 1938, as amended; provided, however, that the exemptions set forth in section 13(a)(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)(4) of such act, overtime at a wage rate of one and one-half times the basic minimum hourly rate. The Fair Labor Standards Act is published in the United States Code, the official compilation of Federal statutes, by the Government Printing Office, Washington, DC. Copies of the Fair Labor Standards Act are available at the following office:
New York State Department of Labor
Counsel's Office
State Office Building Campus
Building 12, Room 509
Albany, NY 12240-0005
The applicable overtime rate shall be paid for each workweek:
| Non-residential employees | Residential employees | |
| For working time over | 40 hours | 44 hours |
This provision shall not apply to residential house parents in children's homes.
N.Y. Comp. Codes R. & Regs. Tit. 12 § 142-3.2