Overtime Violations Attorneys Albany NY 

Are You Getting the Overtime Pay You Deserve? 

You work hard. You put in the hours. But is your employer paying you what you’re owed?  

Overtime violations happen way more often than you’d think, and many workers in Albany don’t even realize they’re getting shortchanged. If you’re working over 40 hours a week and not getting paid time-and-a-half, your boss might be breaking the law. 

The experienced employment law attorneys at Horn Wright, LLP, don’t stand for wage theft. We fight for workers just like you —people who deserve every dollar they’ve earned. If you suspect you’re missing out on overtime pay, don’t wait. We’ll break it all down, explain your rights, and help you take action to get your money. 

Are You Being Cheated Out of Overtime Pay? Let’s Find Out 

Overtime violations can be sneaky, and many workers don’t even realize they’re being shortchanged. The Fair Labor Standards Act ensures that non-exempt employees get paid 1.5 times their regular hourly wage for overtime—yet some employers find ways to dodge this requirement. Unfortunately, some employers bend the rules, hoping you won’t notice. Here’s what to watch out for: 

• Calling you “exempt” when you’re really not – Employers misclassify millions of workers every year just to avoid paying overtime. This leads to countless employee misclassification lawsuits across the country. 
• Forgetting about “off-the-clock” time – Answering emails? Setting up for a shift? If you’re working, you should be getting paid. 
• Messing up overtime calculations – Even small payroll errors can cost you hundreds, if not thousands, over time. 
• Paying straight time instead of time-and-a-half – If your boss is paying you your normal rate for overtime hours, that’s illegal. 

If any of this sounds familiar, it’s time to dig into your pay stubs and keep track of your hours. Your paycheck should reflect every minute you’ve worked. Our employment lawyers can look closely to make sure there aren’t any errors or anomalies that could require you to file a claim or lawsuit. 

Know Your Rights—Don’t Let Your Boss Take Advantage of You 

You have rights, and they’re stronger than you think. Employers often count on workers not knowing the law to get away with wage theft. But you don’t have to let them. Federal and state laws are on your side, ensuring you get paid fairly for every hour worked. If your employer is cutting corners, they’re breaking the law, and you have options to fight back. Check your pay stubs, track your hours, and make sure you’re getting every dollar you’ve earned. 

New York has some of the strongest worker protections in the country. Under New York State labor laws, you have the right to: 

• Earn at least $15 per hour, depending on where you work. 
• Get paid overtime at 1.5 times your hourly rate when you work more than 40 hours. 
• Receive full payment for all hours worked, including before and after shifts. 
• Speak up about unpaid wages without fear of retaliation—it’s illegal for your boss to punish you for filing a wage claim. 

Employers are required to keep accurate records of your hours and wages. If your paycheck isn’t adding up, don’t ignore it—take action. Overtime violations are serious and should be followed up with immediately if you think there is an issue with your wage payments. 

The New York Department of Labor Has Your Back 

The New York Department of Labor enforces wage laws, making sure workers get paid fairly. If your employer violates overtime laws, you can file a wage complaint with NYDOL. They investigate claims and can make your boss pay up—plus damages and penalties. 

New York’s strong worker protections include: 

• The Wage Theft Prevention Act, which requires employers to provide clear, written wage statements. 
• Harsh penalties for misclassifying workers as independent contractors. 
• Fines of up to 200% of unpaid wages for employers who don’t follow the law. 

If your employer isn’t playing fair, NYDOL can help set things right. 

Afraid to Speak Up? Retaliation is Illegal—Here’s What You Need to Know 

Calling out your employer can be intimidating. But the law is on your side. Your employer cannot: 

• Fire, demote, or discipline you for filing a wage claim. 
• Cut your hours or pay as a punishment. 
• Threaten, harass, or intimidate you for standing up for your rights. 

If you’re facing retaliation, document everything. You may be entitled to even more compensation. 

Think Your Employer is Stealing Your Overtime Pay? Take Action Now 

 If something doesn’t feel right about your paycheck, don’t wait. Here’s what you can do: 

1. Start tracking your hours – Keep detailed records of when you work and what you’re paid. 
2. Check your classification – Are you labeled as exempt when you shouldn’t be? 
3. Talk to your employer – Some wage issues are honest mistakes that can be fixed quickly. 
4. File a complaint – If your employer won’t fix it, report them to the New York State Department of Labor or the U.S. Department of Labor. 
5. Speak with a local attorney – If your employer is refusing to pay up, legal action may be your best option. Many workers file unpaid overtime claims to recover what they’re owed. 

Independent Contractors and Overtime Pay—Are You Actually an Employee? 

Independent contractors usually don’t get overtime pay. But here’s the catch—many employers wrongly classify workers to dodge wage laws. You might actually be an employee if: 

• Your boss controls your schedule, workload, or tasks. 
• You only work for one company or depend on them for most of your income. 
• Your job is a core part of the company’s business. 

If you’ve been misclassified, you could be owed a lot of back pay. Don’t let your employer cheat you out of your earnings. 

Filing an Overtime Wage Complaint—What You Need to Know 

 If your employer isn’t paying you properly, you can file a complaint with the U.S. Department of Labor. The process is simple: 

• Submit a complaint online or visit a local office. 
• Provide proof, like pay stubs, schedules, or emails. 
• Cooperate with investigators—they may need more details to build your case. 

If the DOL finds Fair Labor Standards Act violations, your employer will have to pay up—plus potential penalties. You can also file a lawsuit to recover unpaid wages. 

Is It Time to Call an Albany Overtime Lawyer? Here’s How You Know 

 Sometimes, filing a complaint isn’t enough. A lawyer can help when: 

• Your employer refuses to pay even after a formal complaint. 
• You’ve been retaliated against for speaking up. 
• You’re owed a significant amount of unpaid wages. 
• You need overtime pay legal representation to get what you deserve. 

A skilled overtime attorney will fight for every dollar you’ve earned—and make sure your employer doesn’t get away with wage theft. 

Take Back What’s Yours—Talk to an Employment Law Attorney Today 

Your time is valuable. If your employer isn’t paying you fairly, don’t wait.  

Our Albany employment law attorneys at Horn Wright, LLP, know how to take on employers and win.  

If you suspect a wage and hour dispute, let’s talk. Schedule your free consultation today and get the pay you deserve.