NEW YORK · AS OF AUGUST 2026
No tax on overtime in New York: federal yes, Albany no.
New York workers can claim the federal overtime deduction like everyone else, and most NY overtime qualifies, since NY's overtime rule mirrors the federal one. But New York State, NYC, and Yonkers taxes still hit every overtime dollar, and Albany chose to match the federal law for tips only.
Why the federal deduction never reaches your NY return.
New York starts its tax math from federal AGI (with NY's own modifications on Form IT-225). The overtime deduction sits below AGI on the federal return, so it never enters the NY calculation, no add-back needed, and none exists. Your overtime premium stays fully taxable at NY State rates (4%-10.9%), plus NYC resident tax (3.078%-3.876%) or the Yonkers surcharge if they apply to you.
What Albany actually did, tips, not overtime.
The FY2027 state budget (signed May 2026) created a New York No Tax on Tips deduction, up to $25,000 from tax year 2026. Overtime was left out. The overtime bill, S3914-A, was defeated in committee in May 2025 and remains parked after a March 2026 amendment. If it ever passes, we'll flag it on the updates page.
The good news: most NY overtime qualifies federally.
NY's general overtime regulation requires 1.5× after 40 hours a week, the same trigger as the FLSA. So unlike California, most New York private-sector overtime premium is federal overtime and qualifies. Watch the exceptions:
- ✕FLSA-exempt workers owed NY-only overtime (paid at 1.5× the state minimum wage), not federal overtime.
- ✕Live-in domestic workers. NY overtime starts at 44 hours; the FLSA exempts them, so none of it qualifies.
- ✕Farm laborers. NY requires overtime above 52 hrs/week (phasing to 40 by 2032), but the FLSA exempts agriculture entirely.
- ✕Spread-of-hours pay (the extra hour at minimum wage for 10+ hour days), not overtime at all.
What to do as a New York worker.
- 1.Count your over-40 weekly overtime hours and run the calculator for the federal deduction and savings.
- 2.Claim it on Schedule 1-A (box 14 / ÷3 method for 2025; W-2 code TT from 2026).
- 3.Budget for NY/NYC tax as usual, nothing changes on the state side.
FAQ.
Does New York have no tax on overtime?
No. New York State (4%-10.9%), New York City (up to 3.876%), and Yonkers all continue to tax overtime in full. The federal deduction doesn't reach the NY return, and Albany's 2026 budget adopted a state deduction for tips only, not overtime.
Didn't New York pass a "no tax on tips and overtime" law?
Only half of it. The FY2027 budget (May 2026) created a state No Tax on Tips deduction up to $25,000 starting with tax year 2026, tips only. The overtime bill (S3914-A) remains stuck in committee after being defeated in 2025.
Does most New York overtime qualify for the federal deduction?
Yes, that's the good news. NY's general overtime rule mirrors the federal one (1.5× after 40 hours/week), so most private-sector NY overtime premium is FLSA-required and qualifies. Exceptions: FLSA-exempt workers owed NY-only overtime, live-in domestic workers (NY OT after 44 hours), farm workers (FLSA exempts agriculture), and spread-of-hours pay.
I work in NYC. How much state/local tax will I still pay on overtime?
Your combined NY State + NYC marginal rate typically runs roughly 7%-14%+ depending on income. All of it still applies to overtime. Only the federal income tax side gets the deduction.
Sources: NY Tax Law §612 / Form IT-225 instructions; NY FY2027 enacted budget coverage; NY Senate S3914-A history; 12 NYCRR 142-2.2; NYS DOL farm overtime schedule. Educational content, not tax advice. Reviewed August 2026 by the NoTaxOnOvertimeCalc Team.