New York Unpaid Overtime Attorneys

Overtime Violations in New York

An overtime violation occurs when an employer fails to pay a non-exempt employee 1.5 times their regular rate of pay for hours worked beyond 40 in a week. Under New York Labor Law (NYLL § 190) and the Fair Labor Standards Act (FLSA), employers are required to compensate employees properly for overtime. 

Failure to do so may result in legal claims for unpaid wages, damages, and fines. New York generally follows federal guidelines but sets its own rules on minimum wage and other labor standards.

Horn Wright, LLP is a dedicated law firm specializing in workers' rights throughout New York, New Jersey, New Hampshire, Vermont, and Maine. Our New York overtime attorneys are committed to protecting employees' rights and ensuring fair treatment in the workplace.

We offer free, confidential consultations to all new and prospective clients. Call (855) 465-4622 or contact us online to request yours.

What Types of Employees Are Exempt from Overtime Laws?

Employees in executive, administrative, or professional roles are often exempt from overtime pay. To be exempt, an employee must meet certain salary thresholds and job duties. Under New York law, executives must earn at least $1,125 per week (12 NYCRR § 142-2.14). Federal law also applies, with exemptions laid out in the FLSA (29 CFR Part 541). Independent contractors and certain seasonal employees may also be exempt, depending on their duties and contract terms.

How are Overtime Rates Calculated in New York?

For hourly employees, overtime pay is calculated at 1.5 times the regular hourly rate for each hour worked over 40 in a week. The “regular rate” includes base wages, certain bonuses, and commissions, as outlined in the FLSA (29 CFR § 778.110). 

In New York, employers must comply with both federal and state laws, ensuring that overtime is paid at the correct rate, including for irregular wage types like commissions or piecework.

Can Salaried Employees Receive Overtime Pay in New York?

Salaried employees are eligible for overtime if they are classified as non-exempt under federal and state law. Non-exempt salaried workers must receive 1.5 times their calculated hourly wage for hours beyond 40 in a week. 

The FLSA and NYLL both allow salaried workers to be eligible for overtime pay, depending on job duties and salary level (NYLL § 190).

What are the Penalties for Employers Who Violate Overtime Laws?

Employers who violate overtime laws may face penalties, including back pay, damages, and fines. Under the FLSA, employers may owe employees twice the unpaid overtime (29 U.S. Code § 216). New York’s laws also allow for liquidated damages equal to the unpaid wages, along with attorney fees (NYLL § 198).

How Can Employees File a Claim for Unpaid Overtime?

Employees can file claims for unpaid overtime with the New York Department of Labor or the U.S. Department of Labor (DOL). To start, the employee must gather evidence, such as timesheets, pay stubs, or witness testimony. The DOL or state labor department will investigate the claim and, if validated, may recover back wages and penalties for the employee. 

Filing deadlines vary; under the FLSA, claims must be filed within two years (three years for willful violations), while New York allows up to six years for wage claims (NYLL § 198(3)).

What are the Deadlines for Filing Overtime Claims in New York?

Employees in New York have up to six years to file a wage claim, including unpaid overtime, under NYLL § 198(3). This is longer than the federal deadline under the FLSA, which is two years, or three years if the violation is deemed willful (29 U.S. Code § 255). Employees must act within these time limits to ensure they can recover their lost wages. Missing the deadline could result in losing the right to pursue compensation for unpaid overtime.

Do I Need a Lawyer to File an Overtime Violation Claim?

While it is not required to hire a lawyer to file an overtime claim, it can be beneficial. Lawyers can help navigate complex laws, gather evidence, and represent employees in negotiations or court. Many wage claims are filed with the New York Department of Labor or the U.S. Department of Labor, but a lawyer can increase the chances of success.

Can I Recover Unpaid Overtime if I Worked Off the Clock?

Yes, employees can recover unpaid overtime for hours worked off the clock if they can prove that their employer knew or should have known about the additional work. The FLSA and NYLL require employers to compensate employees for all hours worked, whether recorded or not, as long as the employer was aware of the work being done (29 CFR § 785.11).

What Records Do Employers Have to Keep for Non-Exempt Employees?

Employers must maintain records of hours worked, wages paid, and overtime earned for non-exempt employees. Under the FLSA, employers must keep records for at least three years (29 U.S. Code § 211(c)). In New York, these records must be kept for six years, per NYLL § 195(4).

Can Employers Offer Time Off Instead of Paying Overtime?

Private sector employers cannot substitute overtime pay with time off, known as "comp time," under federal law. The FLSA mandates that overtime hours must be compensated with pay, not time off. Some exceptions apply for public sector employees, but private businesses must pay overtime (29 U.S. Code § 207(o)).

Are There Exceptions to Overtime Laws for Small Businesses?

Small businesses are subject to overtime laws if they meet certain thresholds under the FLSA. Businesses with annual gross sales over $500,000 or those engaged in interstate commerce must comply with federal overtime laws. New York law applies regardless of the business size, meaning small businesses must pay overtime (NYLL § 190).

Who Enforces Overtime Laws in New York?

Overtime laws in New York are enforced by the New York State Department of Labor and the U.S. Department of Labor (DOL). Both agencies investigate wage claims and have the authority to recover back wages, impose penalties, and take legal action against employers. The DOL primarily handles violations under the FLSA, while the New York State Department of Labor enforces state-level overtime laws.

What Happens During an Overtime Law Investigation?

During an investigation, the DOL or NY Department of Labor will review payroll records, interview employees, and assess employer practices. Investigators determine whether overtime violations have occurred and calculate back pay if necessary. Employers may face fines and penalties depending on the severity of the violation.

Can an Employee File Both State and Federal Overtime Claims?

Yes, employees can file claims under both state and federal law. However, they cannot receive double compensation for the same overtime hours. Claims under New York law are typically broader, as they cover a wider range of employees and have longer filing deadlines than federal claims.

How Long Does an Overtime Violation Investigation Take?

The duration of an overtime law investigation depends on the complexity of the case. Investigations typically involve reviewing payroll records, interviewing employees, and assessing employer practices. Federal or state labor departments may take several months to a year to complete an investigation. Employers and employees should provide any requested documentation promptly to expedite the process.

Can Employees Appeal the Decision in an Overtime Investigation?

Yes, employees can appeal an unfavorable decision in an overtime investigation. Under both state and federal laws, employees have the right to seek a review of the findings. Appeals may be submitted to the appropriate labor department or taken to court for further review of the claim.

Representation for Overtime Violations in New York

If you believe you have been denied overtime pay or have any other employment law concerns, Horn Wright, LLP is here to help. Our New York unpaid overtime attorneys can provide you with a free, confidential consultation to assess your case and determine the best course of action.

Contact us today to schedule a free consultation if you've experienced an overtime violation.