While these occupations must be paid overtime, New York State. Labor Law requires an overtime rate of 1½ times the state minimum wage for their overtime hours,.If you are a non-exempt employee – that is, eligible for overtime – and you work more than 40 hours per week, you must be paid overtime. If you are a nonexempt employee in the state of New York, you are eligible for overtime pay for all hours worked over 40 in a payroll week. Overtime pay is a higher pay rate for hours worked after 40 in a work week. The FLSA also mandates overtime pay for commission employees who work more than 40 hours per week, provided they meet specific criteria. For every hour in excess of 40 that the employee works, the employer must pay an overtime wage of 1.5 times the employee's normal pay. Any hours worked beyond a 40-hour work week are subject to overtime pay. Working off the clock labor is that which is unpaid or not contributing to overtime pay, and is usually illegal. Per Diems for out-of-state working trips and travel.