New York · Article 9 building service · Labor Law § 232
After eight on public building-service contracts. Basic cash rate.
NY Labor Law § 232 for Article 9 building-service employees on public-agency contracts over $1,500: 1.5× after 8 hours in a day and after 40 hours in a week on the prevailing basic cash hourly rate. Janitors, cleaners, guards, porters, elevator operators — not construction Article 8 and not Minnesota public works (same after-8 shape, different jurisdiction and covered class). Saturday, Sunday, and holidays are not all-hours premiums — unlike Oregon public works and Missouri public works. Eight Sunday hours @ $20 basic are $160 here, $240 Oregon PW, $320 Missouri PW. Not NY farm, NY domestic, or FLSA weekly-40 only.
Read the statute: § 232 overtime on the basic cash rate
Official bodies fetched for this page: NY Senate Open Legislation § 232, § 230, § 231, DOL Article 9 Frequently Asked Questions, DOL Bureau of Public Work FAQ (Articles 8 vs 9), and the DOL Article 9 prevailing-rate schedule introduction — all HTTP 200. Secondary mirrors: newyork.public.law § 232, Justia § 232.
NY Labor Law § 232. Overtime. An employee, employed by a contractor, who works more than eight hours in any one day or more than forty hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half times his prevailing basic cash hourly rate.
DOL Article 9 FAQ — Hours of Work: An employee who works more than eight hours in any one day or more than forty hours in any workweek shall be paid at not less than one-and-one-half times the prevailing basic cash hourly rate.
§ 230 defines building-service employees (watchman, guard, doorman, cleaner, porter, janitor, gardener, elevator operator, window cleaner, refuse collection, furniture transport, fossil-fuel delivery, and related occupations) under a public-agency contract in excess of $1,500. Article 8 covers construction laborers/mechanics; the Bureau of Public Work FAQ: Article 9 covers building service workers on public-agency contracts over $1,500. Enter the prevailing basic cash hourly rate from the Article 9 schedule; supplements are owed separately and are out of the cash total here. Contracts ≤$1,500, utility/radio/telephone carve-outs (§ 230.2), Article 8 mechanical-system maintenance, and PRC locality schedule look-ups are out of scope. Not private-sector New York weekly-40 and not the shipped NY farm / domestic / spread / FWW / call-in pages.
Weekday 10h 07:00–17:00 @ $20 basic → 8 regular + 2 OT = $220. FLSA weekly-only: 10 regular = $200. Missouri PW: 10 regular = $200.
Weekday 12h @ $20 → 8 regular + 4 OT = $280. Missouri PW: 10+2 OT = $260.
Saturday 8h @ $20 → 8 regular = $160. Oregon PW: 8 OT = $240.
Sunday 8h @ $20 → 8 regular = $160. Oregon PW: 8 OT = $240. Missouri PW: 8 DT = $320.
Five 10-hour weekdays @ $20 → 40 regular + 10 OT = $1,100.
Overnight weekday 20:00–08:00 lunch 30 @ $20 → 11.5h → 8 regular + 3.5 OT = $265. Missouri Sunday same punches: 11.5 DT = $460.
In scope
- NY Labor Law § 232 Article 9: 1.5× after 8 in a day and after 40 in a week
- Building-service employees on public-agency contracts over $1,500
- Every workday including Saturday, Sunday, and holidays — after 8 only (no all-hours weekend premium)
- Weekly 40 leftover regular only (no pyramiding)
- Typed rate = prevailing basic cash hourly rate; supplements out of cash total
- Punch-in/out + unpaid lunch; Day 1 is Monday
Out of scope
- Construction Article 8 public work (trade look-ups) — Bureau of Public Work FAQ
- Oregon / Missouri / Minnesota public-works pages (different statutes / covered classes)
- NY farm, domestic, spread, FWW, hospitality call-in, misc 142
- Contracts ≤$1,500; utility/radio/telephone carve-outs (§ 230.2)
- Article 8 mechanical-system maintenance; PRC locality schedule look-ups; apprentices ratios
FAQ
When is overtime due under New York Article 9?
Labor Law § 232: a building-service employee employed by a contractor who works more than eight hours in any one day or more than forty hours in any workweek shall be paid wages for such overtime at not less than one-and-one-half times the prevailing basic cash hourly rate. The DOL Article 9 FAQ and the Article 9 prevailing-rate schedule introduction restate the same 8/day and 40/week thresholds.
Who is a building service employee under Article 9?
Labor Law § 230 and the DOL Article 9 FAQ: watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, garbage/refuse collection, office furniture/equipment transportation, and fossil-fuel delivery — under a public-agency contract in excess of $1,500 whose principal purpose is to furnish services through building service employees. Not clerical/sales/professional. Not Article 8 construction laborers/mechanics.
Is Saturday or Sunday time-and-a-half for all hours?
No. Unlike Oregon ORS 279C.540 (Saturday/Sunday/holiday ALL hours at 1.5×) and Missouri RSMo § 290.230 (Sunday/holiday ALL hours at 2×), Article 9 § 232 has no weekend or holiday all-hours premium. Saturday and Sunday hours under eight are regular. Eight Sunday hours at $20 basic are $160 here; on /oregon-public-works-overtime/ they are $240; on /missouri-public-works-overtime/ they are $320.
Is this the same as Minnesota public works or New York farm/domestic overtime?
No. /minnesota-public-works-overtime/ has the same after-8 / after-40 cash shape but covers Minnesota construction public works under Minn. Stat. §§ 177.42–177.43 — not New York building-service Article 9. /new-york-farm-overtime/ is FLFLPA weekly-52 plus rest-day. /new-york-domestic-overtime/ is Labor Law § 170 weekly-40 (or 44 live-in). Article 9 is prevailing-wage building service on public-agency contracts over $1,500, not private-sector NY weekly-40 and not construction Article 8.
Does the typed rate include supplements (fringe)?
No. Enter the prevailing basic cash hourly rate from the Article 9 schedule. § 232 multiplies overtime by one-and-one-half times that basic cash rate. Supplements (fringe) are owed separately under § 230 / § 231 and are out of the cash-wage total on this page — same display stance as /minnesota-public-works-overtime/ and /oregon-public-works-overtime/, and opposite of /missouri-public-works-overtime/ (where DOLIR multiplies wage+fringe).
