Unpaid Overtime Lawyer New York

Do you work more than 40 hours a week without overtime pay? If so, you may be owed thousands of dollars in unpaid overtime. New York law requires employers to pay one and a half times your usual hourly rate when you work more than 40 hours in a workweek unless you are considered exempt.

Fortunately, you can sue your employer for unpaid overtime going back six years. If your employer intentionally failed to pay the proper overtime rate, you are entitled to two times the amount of overtime pay you are owed.

You don’t have to go it alone. The Howley Law Firm’s unpaid overtime lawyers in New York are here to help you recover the wages and damages you deserve. Call us now for a free consultation at (212) 601-2728.

Your Legal Right to Overtime Pay in New York

Federal and state laws protect employees from getting paid less than what they are owed. In other words, if you’re working in New York and not getting paid for your overtime hours, your employer is likely committing wage theft, and you may be entitled to compensation.

Overtime in New York is anything over 40 hours in a work week. According to the federal Fair Labor Standards Act (FLSA), employers in New York must pay employees 1.5 times their regular pay rate for any hours worked over 40 hours in a workweek. Employees who are owed overtime have the right to report their employer to the state and file a lawsuit for unpaid wages. Employers who cut hours or fire an employee for reporting unpaid overtime are subject to fines and further legal action.

If you’re facing issues with unpaid overtime, don’t wait to seek legal advice. You generally have two years under the FLSA to file a lawsuit and three years if your employer willfully violated labor law. New York unpaid wages lawyer can help you take the first step toward recovering what you’re owed.

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. The best way to determine whether you’re eligible for overtime pay is to get in touch with us and discuss your case.

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 in 2024 is $15.00 per hour in New York State and $16.00 per hour in New York City, Long Island, and Westchester. 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.

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:  

• Review Your Contract and Employer’s Policies: Many workers don’t have an employment contract. If you do, review it to understand your rights and responsibilities. Your employer may also have an employee handbook with policies on overtime, pay rates, and exemptions.

• Document Your Hours: Ideally, you should have a good record of the hours you work each day, including overtime. Meticulously note your start and finish times and any work tasks you perform “off-the-clock,” such as responding to work emails from home or cleaning up after your shift.

• Raise the Issue with Your Employer: Before filing a claim, give your employer the chance to put things right. Explain your concerns and request any unpaid overtime wages.

• Hire a New York Unpaid Overtime Lawyer: Handling an unpaid overtime claim alone can be challenging and, ultimately, unsuccessful. Consider consulting an experienced lawyer who can protect your rights and file a lawsuit against your employer.

The Howley Law Firm – Your Unpaid Overtime Lawyer 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.

FAQs – Ask a New York Unpaid Overtime Lawyer

Do I need to hire a lawyer for my New York unpaid overtime case?

In New York, you are not required to hire a lawyer for an unpaid overtime case. However, having legal representation can significantly increase your chances of success. Your attorney can negotiate with your employer, deal with the legal paperwork, file a lawsuit, and represent you in court.

How long do I have to file an unpaid overtime claim in New York?

According to New York Labor Law, you typically have six years from when the unpaid overtime occurred to file a claim, three years longer than provided by federal law. This means you can recover unpaid wages for up to six years.

However, it’s not advisable to wait until the last minute to file a claim or lawsuit. Seek prompt legal advice to avoid jeopardizing your right to compensation.

What documentation do I need to support my unpaid overtime claim?

The more supporting documents you can gather to prove your claim, the better. Collect time records, pay stubs, employment contracts, and any correspondence with your employer where work hours are discussed. A New York unpaid overtime lawyer can help you gather and present evidence.