N.Y. Comp. Codes R. & Regs. tit. 12 § 142-2.16 : DEPARTMENT OF LABOR — DIVISION OF LABOR STANDARDS — Minimum Wage Orders — MISCELLANEOUS INDUSTRIES AND OCCUPATIONS —2 - PROVISIONS APPLICABLE TO ALL EMPLOYEES SUBJECT TO THIS PART, EXCEPT EMPLOYEES IN NONPROFITMAKING INSTITUTIONS COVERED BY THE PROVISIONS OF SUBPART 142-3 —Definitions —2.16 - Regular rate

The term regular rate shall mean the amount that the employee is regularly paid for each hour of work. When an employee is paid on a piece work basis, salary, or any basis other than hourly rate, the regular hourly wage rate shall be determined by dividing the total hours worked during the week into the employee's total earnings.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 142-2.16

Amended New York State Register December 28, 2016/Volume XXXVIII, Issue 52, eff.12/31/2016