Overtime Violation Attorneys in Rochester, NY  

You work hard. Long hours, late nights, maybe even weekends. But are you being paid for all of it? Overtime violations are more common than you might think, and spotting the signs can make a big difference. If you’re unsure about your situation, an experienced Rochester employment lawyer can help you figure out your rights and how to take action. 

Ask yourself: 

• Are you working “off the clock”? Employers might say things like, “Just finish this quick task,” without letting you log the extra time. 
• Is your overtime unpaid? If you’re consistently working more than 40 hours a week but your paycheck doesn’t reflect it, there’s a problem. 
• Has your employer classified you as exempt without explaining why? Misclassification is a sneaky way some companies avoid paying overtime. 

These aren’t just “annoyances”—they’re violations of your rights. If any of this feels too familiar, it’s time to speak up. You deserve better and knowing when to act can put you on the path to justice. 

Rochester Workers: Don’t Let Them Steal Your Pay 

Your time matters. Every hour you spend working, whether it’s behind a cash register, in a hospital, or at your desk, is valuable. Under New York State Labor Law § 652, you should be paid fairly for it. 

Here’s the deal: if you work more than 40 hours a week, your employer must pay you 1.5 times your regular hourly rate for every extra hour under the Fair Labor Standards Act. It doesn’t matter if you’re hourly or salaried—unless your role meets specific legal exemptions, you’re entitled to those extra earnings. 

In Rochester, industries such as healthcare, retail, and construction push their employees to the limit. Many work long hours, take on back-to-back shifts, and even work through breaks. But if you’re not being compensated for those extra hours, you’re losing money that’s legally yours. A lawyer skilled in employment law can guide you through what’s fair and ensure your employer is held accountable. 

Know Your Rights: Overtime Laws in New York Have Your Back 

New York’s overtime laws are designed to protect workers like you. They’re clear, enforceable, and meant to ensure employers can’t get away with underpaying you. 

Here’s a quick breakdown: 

• If you’re non-exempt, you’re eligible for overtime pay. This applies whether you’re paid hourly or salaried. 
• If you’re exempt, your employer must prove it. To qualify, your role has to meet specific standards, like earning at least $684 per week and performing duties classified as executive, administrative, or professional under the New York Labor Law. 
• Recordkeeping matters: Employers must track your hours and wages accurately under New York Labor Law § 195, employers have to record your hours and wages accurately. In most cases, improper recordkeeping can be an indication of violation. 

These laws aren’t just words on paper. They’re your legal shield against exploitation. Employers who don’t follow them can face serious consequences. 

Want Justice? Prove Those Overtime Violations 

So, you think your boss is shortchanging you on overtime. What now? The key to fighting back is evidence. You’ll need to show that you worked those hours and weren’t paid for them. 

Here’s how you can build a strong case: 

• Track your hours: Keep a detailed record of when you clock in and out. If your employer uses an electronic system, take screenshots or save copies of your timecards. 
• Save communications: Emails or texts from your manager asking you to stay late or come in early can prove you worked overtime. 
• Compare pay stubs: Check for discrepancies between your hours worked and the wages you were paid. Missing overtime pay stands out. 
• Get witness statements: If coworkers have seen you working late or experienced the same treatment, their statements can back you up. 

This might feel overwhelming, but don’t let it stop you. Every piece of evidence counts, and with the right documentation, you can hold your employer accountable. A Rochester employment lawyer can help you gather what you need to make a strong case. 

Think You’re Exempt? Let’s Make Sure 

Employers love throwing around the term “exempt.” It’s how they try to convince you that you’re not entitled to overtime pay. But don’t take their word for it—many workers are misclassified, intentionally or not. 

Here’s what it means to be exempt: 

1. You’re paid a salary, not an hourly wage. 
2. You earn at least $684 per week. 
3. Your job duties meet specific criteria, like managing other employees or handling high-level administrative work, as outlined by the FLSA. 

Sound like your role? If not, you might be misclassified. And if that’s the case, you’ve likely missed out on overtime pay you’re entitled to. It’s worth digging deeper, because misclassification isn’t just unfair—it’s illegal. 

Unpaid Overtime vs. Wage Theft: What’s the Difference? 

Sometimes, it’s hard to tell what’s happening when you’re not being paid fairly. Unpaid overtime and wage theft often overlap, but they’re not the same thing. 

• Unpaid overtime: This happens when your employer skips paying you extra for hours worked over 40 in a week. It’s one of the most common wage violations under the FLSA. 
• Wage theft: This covers a broader range of issues, like not paying you minimum wage, refusing to pay for hours worked, or making illegal deductions from your paycheck, as prohibited under New York Labor Law § 193. 

Both are serious, and both can leave you feeling frustrated, undervalued, and stuck. But there’s hope—you have the right to fight back and recover what’s yours. 

Don’t Let Them Cheat You—Fight for What’s Yours 

You’ve put in the hours. You’ve earned the pay. If your employer isn’t giving you what you’re owed, it’s time to act. Under New York's Labor Law, you’re entitled to every penny of your hard-earned money. 

As one of the best law firms in America, we understand what you’re going through. Overtime violations aren’t just about money—they’re about respect, dignity, and fairness. Our team of experienced overtime violations lawyers is here to fight for you, so you can focus on what matters most. Let’s get you the justice you deserve. 

Rochester Workers Deserve Better—We’ll Make Sure You Get It 

We know how hard it is to feel undervalued and ignored. That’s why at Horn Wright, LLP, we’re committed to standing up for Rochester workers. Your fight is our fight, and we’ll do everything in our power to get you the justice you deserve. It’s time to take your power back. Let’s get started.