New York · Labor Law § 170 · Domestic Workers' Bill of Rights
Forty hours, unless they live there — then forty-four. The rest day is overtime, not a third statute.
Labor Law § 170 is a short sentence: no person employing a domestic worker may require more than 40 hours in a week, or 44 hours if the worker resides in the employer's home, unless overtime is paid at least one and one-half times the worker's normal wage rate. The live-in toggle is that second clause. DOL's Domestic Workers' Bill of Rights and the Facts for Domestic Workers PDF add a 24-hour day of rest each week, or overtime for hours worked on that day. Three paid rest days after one year of work for the same employer are labeled — they are not a weekly line. This is not NY farm overtime, not hospitality call-in, not spread-of-hours, and not NYC Fair Workweek.
Live-out 41, live-in 44, live-in 45
Load a live-out 41-hour week at $20. Forty hours stay regular ($800). The 41st hour is overtime at $30. Load a live-in 44-hour week: all 44 hours are regular ($880). Load live-in 45 hours: 44 regular + 1 overtime. The Overtime FAQ's residential definition is the live-in box: an employee who lives in the home of their employer.
If the designated rest day has punches, those hours are 1.5× (Bill of Rights / Facts PDF / § 161). They are classified as overtime first; leftover regular above 40 (or 44 live-in) is overtime; the same hour is not paid as both. Agency companionship carve-outs in the Facts PDF are out of scope.
In scope
- § 170: 1.5× after 40, or 44 if live-in
- Designated rest day + punches: those hours at 1.5×
- Three paid rest days after one year — labeled only
Out of scope
- NY farm 52-hour overtime, hospitality call-in, spread, NYC Fair Workweek
- Computing the three annual paid rest days as a weekly amount
- Agency companionship exclusions; meal/lodging credits toward minimum wage
FAQ
When does New York domestic worker overtime start?
Labor Law § 170: no person employing a domestic worker shall require more than forty hours in a week, or forty-four hours in a week for domestic workers who reside in the home of their employer, unless they receive compensation for overtime work at a rate which is at least one and one-half times the worker's normal wage rate. The DOL Domestic Workers' Bill of Rights and Facts for Domestic Workers PDF say the same 40 / live-in 44 split. The Overtime FAQ defines a residential employee as one who lives in the home of their employer.
What about the weekly day of rest?
DOL Bill of Rights and Facts PDF: one day (24 hours) of rest per week, or if the worker agrees to work on that day, overtime for those hours. Labor Law § 161: a domestic worker shall be allowed at least twenty-four consecutive hours of rest in each calendar week, and may voluntarily agree to work on that day provided the worker is compensated at the overtime rate for all hours worked on such day of rest. Rest-day hours are OT first; leftover regular above 40 (or 44 live-in) is OT; the same hour is not paid twice.
Are the three paid rest days after one year in this calculator?
Labeled only. Labor Law § 161 and the DOL materials: after one year of work with the same employer a domestic worker is entitled to at least three days of rest in each calendar year at the regular rate of compensation. The Facts PDF does not give a computable weekly formula, so this weekly punch calculator does not add a line for them.
Is this New York farm overtime, hospitality call-in, spread, or NYC Fair Workweek?
None of those. Farm overtime is the 52-hour (2026) FLFLPA page. Hospitality call-in is 12 NYCRR 146-1.5. Spread-of-hours is 146-1.6. NYC Fair Workweek is Admin. Code §§ 20-1222 and 20-1231. This page is only Labor Law § 170 plus the domestic rest-day sentence in § 161.
