Unpaid Overtime Attorney in New York

Are you working over 40 hours a week without receiving the overtime pay you’re entitled to? You could be owed thousands of dollars in unpaid wages. Under New York law, employers must pay one and a half times your regular hourly rate for any hours worked over 40 in a single workweek—unless you are exempt. If your employer has failed to comply, you have the right to seek compensation for unpaid overtime going back up to six years.

At The Howley Law Firm, our experienced unpaid overtime attorneys in New York are dedicated to helping employees recover the wages they’ve earned. Whether your employer withheld overtime pay intentionally or through negligence, an unpaid overtime lawyer in New York can fight for your rights. Contact us today for a free consultation at (212) 601-2728 and take the first step toward recovering what you’re owed.

Your Legal Right to Overtime Pay in New York

Federal and state laws are designed to protect employees from wage theft, ensuring they receive the pay they’ve rightfully earned. If you’re working in New York and not being compensated for overtime hours, your employer may be violating the law, and you could be entitled to recover unpaid wages.

In New York, overtime is defined as any hours worked beyond 40 in a single workweek. Under the federal Fair Labor Standards Act (FLSA) and state labor laws, employers are required to pay 1.5 times your regular hourly rate for overtime hours. If your employer fails to pay proper overtime, you have the legal right to report them and file a claim for unpaid wages. Employers who retaliate by cutting hours or firing employees for reporting unpaid overtime face significant penalties and additional legal consequences.

If you are dealing with unpaid overtime, don’t delay seeking legal assistance. While the FLSA provides a two-year window for filing a lawsuit (three years for willful violations), it’s crucial to act quickly. An experienced unpaid overtime attorney in New York can guide you through the process and help you recover the wages you’re owed. Contact The Howley Law Firm today to protect your rights.

How to Recover Unpaid Overtime Under New York Laws

New York State provides robust protections for employees seeking unpaid overtime compensation. If you’ve worked more than 40 hours in a week and have not received proper overtime pay, consulting an unpaid overtime attorney in New York can help you recover what you are owed. Under New York law, employees can pursue wage theft claims going back as far as six years, giving them more opportunities to claim unpaid wages compared to federal law.

Employers often mistakenly believe that placing an employee on salary or assigning a specific job title exempts them from paying overtime. However, New York law is clear: what matters is the employee’s actual duties, not their title or salary structure. For example, employees with limited discretion and authority in their roles are typically entitled to overtime pay. A qualified unpaid overtime lawyer in New York can evaluate your job duties and determine if you’ve been wrongfully denied overtime wages.

Which Occupations Are Exempt From Overtime Pay in New York?

Some positions are exempt from overtime pay and laws in New York. Here is a list of occupations that are typically excluded:

• Executive employees managing a department or regularly supervising others.
• Administrative employees performing office work.
• Professional employees who require degrees or other prolonged study to carry out their duties.
• Outside sales employees regularly engaged in sales away from their employer’s place of business.
• Certain IT/computer employees, such as systems analysts, programmers, or software engineers.
• Independent contractors.
• Motor carrier employees, such as taxi drivers and mechanics.
• Salespersons in retail and service receiving commission.

This list is not exhaustive, and there may be other exempt employees. Notably, some industries may be exempt from federal overtime laws but workers are still eligible for overtime pay under New York laws.

If you believe you’ve been misclassified or denied rightful overtime pay, speaking with an unpaid overtime attorney in New York can help you understand your rights and take the necessary steps to recover your unpaid wages. Time is critical, as legal deadlines may affect your ability to file a claim.

Misclassified Employees That May be Eligible for Compensation

Misclassification of employees is a common tactic employers use to avoid paying overtime, but New York law focuses on job duties rather than titles to determine eligibility. Many roles, such as back-office financial employees, account executives, customer service representatives, analysts, and computer help desk technicians, are often misclassified as exempt. If you suspect misclassification, an unpaid overtime attorney in New York can evaluate your case and help you recover any unpaid wages. Even if labeled as an “executive” or another exempt position, your actual tasks may qualify you for overtime compensation under New York’s labor laws.

Industries Frequently Affected by Unpaid Wages

Wage theft due to unpaid overtime is, unfortunately, common. According to the U.S. Department of Labor(DOL), 106,759 employees recovered $130,686,461 in back wages for unpaid overtime in 2023 alone.

The Howley Law Firm wants to help you recover your hard-earned money. We work with employees in a wide range of industries reclaiming their unpaid overtime wages. Industries most at risk of unpaid overtime include, among others:

• Construction workers
• Amusement park workers
• Restaurant and food service workers
• Guard services
• Hair, nail, and skin care services
• Janitorial services
• Landscaping workers
• Retail
• Auto repair 

Employment agreements can be less clear in these industries, making it difficult to understand the laws regarding overtime pay. Remember that working in one of these industries doesn’t guarantee that you’re exempt from overtime. Discussing your case with an unpaid wages lawyer can be crucial to determine whether you’re owed overtime.

How Employers Violate Overtime Laws in New York

Unpaid overtime may look different depending on your employment type and the agreement with your employer. Here are some of the most common types of unpaid wages cases our New York unpaid overtime lawyers have successfully handled:

Misclassification

Independent contractors and some other employees are exempt from overtime laws in New York. Employers may intentionally misclassify you to avoid paying overtime. For example, if your employer labels you as an independent contractor but requires you to follow a shift or schedule, such as 9 am to 5 pm, they are most likely misclassifying you.

Failing to Pay Minimum Wage

The minimum wage in New York as of January 1, 2025, is $16.50 per hour in New York State and $16.50 per hour in New York City, Long Island, and Westchester, and $15.50 for the remainder of New York State workers. If your employer pays less than minimum wage and you are not an exempt worker, they may be violating overtime laws.

Failing to Record Hours Worked 

Employers who don’t record all work hours may owe their employees unpaid wages. This includes so-called “working off the clock,” such as asking you to check and respond to out-of-hours work emails or work after your shift without pay. Your employer should count on-call hours, hours worked from home, and hours worked during lunch breaks.

Improper Deductions

Employers must not make unauthorized wage deductions. Such deductions may include amounts for uniforms, fines, penalties, or other charges. Since overtime pay is calculated based on your regular rate of pay, unlawful deductions reducing your base pay can result in underpayment of overtime wages.

Not Structuring Overtime Correctly

New York employers must calculate and compensate overtime on a weekly basis. They cannot legally average out your hours over two weeks to avoid paying overtime.

Tip Pooling with Non-Eligible Employees

Tip pooling is a legal practice in New York. However, employees must not pool tips with non-eligible employees, such as non-tipped kitchen staff or janitors. In addition, managers and supervisors are not permitted to participate in tip pools.

If your employer is withholding wages you earned, reach out to our unpaid overtime lawyers in New York today by calling (212) 601-2728. The Howley Law Firm is here to help you recover what you are owed.

Compensation Available for Unpaid Overtime

The exact amount you can receive for unpaid overtime in New York varies, depending on the details of your case. However, if your employer stole wages or underpaid you, you could recover the following types of compensation:

• Back pay for unpaid overtime
• Interest on the back pay owed
• Liquidated damages equal to the amount of back pay owed
• Attorney’s fees and legal costs
• Injunctive relief to prevent ongoing violations

   

Employers guilty of unpaid overtime may also be subject to administrative sanctions and fines imposed by the New York State Department of Labor. Such punitive fines are meant to punish employers for wrongdoing and prevent them and other employers from mistreating workers in the future.

Understanding How Unpaid Overtime is Calculated

Under the Fair Labor Standards Act (FLSA), employees must receive overtime pay at a rate of at least one and one-half times their regular pay for hours worked beyond 40 in a workweek, unless specifically exempt. A workweek is a fixed, recurring 168-hour period that can start on any day or time but cannot be averaged across multiple weeks. Overtime pay must be included in the regular payday for the relevant pay period. The regular rate of pay includes most forms of compensation but excludes certain payments, such as discretionary bonuses, holiday gifts, and reimbursements. 

Types of Unpaid Wages Cases The Howley Law Firm Handles

The Howley Law Firm works with its New York clients on all types of unpaid wages cases. Here are some examples of the cases we handle:

• Minimum wage violations
• Overtime violations
• Unpaid commissions
• Misclassification as independent contractors or exempt workers
• Off-the-clock work
• Rest and meal break violations
• Unlawful tip pooling
• Improper deductions
• Unlawful retaliation by employers

Whether your employer improperly classified you or failed to pay you for overtime work, our unpaid overtime lawyers in New York can help you recover your hard-earned wages. Sometimes, unpaid overtime is also present with discrimination. We will always work with our clients to ensure fair and equal opportunity employment.

How to File an Unpaid Overtime Claim in New York

Filing an unpaid overtime claim can be tricky. It’s best to get in touch with an attorney when you believe your employer is committing wage theft. We can protect your rights and build a strong case against your employer. Generally, filing an unpaid overtime claim involves several steps:

1. Review Your Employment Contract and Policies: If you have an employment contract, review it to understand your rights, pay structure, and overtime policies. Additionally, check your employer’s handbook for rules about overtime, pay rates, and exemptions to identify any violations.
2. Document Your Hours: Keep detailed records of your work hours, including overtime. Note your start and finish times, tasks performed “off-the-clock” (such as answering work emails after hours), and any additional work duties that may qualify for overtime pay.
3. Address the Issue with Your Employer: Before filing a formal claim, consider raising the issue with your employer. Politely explain your concerns and request the unpaid overtime wages. Many employers resolve such matters at this stage, but if they don’t, you may need legal action.
4. Consult a New York Unpaid Overtime Lawyer: Navigating an unpaid overtime claim alone can be overwhelming and often ineffective. Hiring a skilled unpaid overtime lawyer in New York ensures your rights are protected and strengthens your case. An attorney can gather evidence, file a claim, and take legal action against your employer if necessary.

Have You Been Denied Your Overtime Pay From Your Employer? Contact The Howley Law Firm in New York

We are passionate about workers’ rights. After years of experience defending corporations, we changed sides and now provide employees like you with the same high-quality legal representation. Our focus lies on representing individuals in the areas of employment rights in New York and whistleblowers nationwide.

We care about you and can offer the personalized attention you deserve. When The Howley Law Firm agrees to take your case, you don’t pay any attorney’s fees upfront. You only pay us when you win and recover compensation. Our New York unpaid overtime lawyers will fight hard to recover every penny an employer owes you.

Don’t wait to contact us, as the time to file employment litigation is limited. Call us today at (212) 601-2728 to schedule a free and confidential consultation with an experienced unpaid overtime lawyer.