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,.Overtime pay is a higher pay rate for hours worked after 40 in a work week. The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime. The Act establishes standards for minimum wages, overtime pay, recordkeeping, and child labor. These standards affect more than 135 million workers. Overtime pay rate must be at least 1.5 times the employee's regular rate of pay. If an employee works more than 40 hours in a workweek they must be paid 1.5 times their base rate for all hours worked beyond 40 hours. It's not legal anywhere is the US not to be paid for overtime IF you're an hourly wage earner. The law requires the payment of time and one half per hour for actual hours worked in excess of 40 hours (overtime), with certain exemptions.