In general, if you have worked more than 40 hours in a pay week, and are not "exempt", you must be paid an overtime rate for all hours over 40. 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,. The extra 2030 hours are completely free to the employer, allowing employers to exploit workers with no consequences. The federal law governing overtime is the Fair Labor Standards Act (FLSA). The basic rule is straightforward: employees are entitled to one and a half times their regular pay rate for any hours worked over 40 in a week. Overtime pay is a higher pay rate for hours worked after 40 in a work week.