New York · miscellaneous industries · residential after 44
New York miscellaneous residential overtime (after 44)
12 NYCRR § 142-2.2 pays 1.5× after 44 hours in a workweek for residential employees who live on the employer’s premises; non-residential after 40. No daily OT. Classic $20 × five 10h → $1,060 vs FLSA $1,100 vs KS 46 $1,040 vs MD 48 $1,020 vs MO 52 $1,000 vs Art. 9 $1,100. Not § 170 domestic rest-day.
How 12 NYCRR 142-2.2 pays
Cornell LII’s official text of 12 NYCRR § 142-2.2 (HTTP 200) requires overtime at one and one-half times the employee’s regular rate in the manner of FLSA sections 7 and 13, except that the exemptions in section 13(a)(2) and (4) do not apply. The wage-order table then splits the workweek: non-residential employees after 40 hours; residential employees after 44 hours. Section 142-2.1 describes a residential employee as one who lives on the premises of the employer. Nonprofit institutions use the same 40/44 table in § 142-3.2, which adds that the provision does not apply to residential house parents in children’s homes.
There is no daily overtime on this order. If the employee is also FLSA-covered and non-exempt, 29 U.S.C. § 207(a) after 40 is more protective than residential 44 — check Also FLSA-covered. Uncheck Residential employee for the non-residential 40-hour column. Check Residential house parent to turn the 142-3.2 row off. This is not Labor Law § 170 domestic overtime (rest-day OT), not Article 9 building-service after 8/40, and not 142-2.3 / 142-2.4 call-in or split (those live on /new-york-miscellaneous-call-in-split/).
Five 10h days @ $20, residential → 44 regular + 6 OT = $1,060.
Same punches on /overtime/ → $1,100.
Same on /kansas-overtime/ → $1,040 (after 46).
Same on /maryland-bowling-residential-overtime/ → $1,020 (after 48).
Same on /missouri-amusement-overtime/ → $1,000 (after 52).
Same on /new-york-building-service-overtime/ → $1,100 (after 8/day and 40/week).
Exactly 44h → $880. Six 10h days → $1,360 vs FLSA $1,400.
FLSA-covered toggle on five 10h → $1,100. House parents → $1,000 ST.
One 16h day → $320 (no daily OT) vs Art. 9 $400.
Sources
- 12 NYCRR § 142-2.2 Overtime rate — residential after 44 / non-residential after 40 (HTTP 200)
- 12 NYCRR § 142-2.1 — residential employee lives on the employer’s premises (HTTP 200)
- 12 NYCRR § 142-3.2 — nonprofit same 40/44 table; house parents in children’s homes excluded (HTTP 200)
- 12 NYCRR § 142-2.14 Employee (HTTP 200)
FAQ
When do miscellaneous residential employees earn overtime?
12 NYCRR 142-2.2 / 142-3.2: 1.5× after 44 hours in a workweek if the employee lives on the employer’s premises; after 40 if non-residential. No daily OT.
Is this the same as FLSA weekly 40?
Not for residential employees. Five 10-hour days @ $20 are $1,060 here vs $1,100 on /overtime/. FLSA-covered non-exempt employees still owe after 40.
Is this New York domestic overtime?
No. /new-york-domestic-overtime/ is Labor Law § 170 plus rest-day OT. Four 10-hour days with a rest-day punch are $800 here vs $900 there.
Is this building-service overtime?
No. Article 9 / 141-1.4 is after 8/day and 40/week. One 16-hour day is $320 here vs $400 there.
Is this miscellaneous call-in or split?
No. Those are 142-2.3 / 142-2.4 on /new-york-miscellaneous-call-in-split/. This page is only the overtime table.