Attorney for Unpaid Overtime Claim

If you regularly work more than 40 hours a week and your paycheck does not reflect it, you may be the victim of wage theft. Unpaid overtime is one of the most common forms of wage violations in New York City, affecting workers in restaurants, construction, retail, healthcare, delivery services, building maintenance, and even white-collar office positions. New York law provides some of the strongest wage protections available to employees, and workers who have been denied overtime pay have powerful legal tools to recover what they are owed — often with substantial additional damages.

Our firm represents employees throughout New York City in unpaid overtime claims. Whether your employer misclassified you as exempt, paid you a flat salary regardless of hours worked, required off-the-clock work, or simply refused to pay time-and-a-half, we can help you understand your rights and pursue every dollar you have earned.

Your Right to Overtime Pay Under New York Law

Under the New York Labor Law and its implementing wage orders, most employees are entitled to overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in a single workweek. This protection applies regardless of whether you are paid hourly, by salary, by piece rate, by commission, or by day rate. It also applies regardless of your immigration status — every worker in New York is protected by the state's wage and hour laws.

A few important principles govern overtime rights in New York:

• Overtime is calculated weekly, not daily. The threshold is 40 hours in a workweek. An employer cannot average your hours across two weeks to avoid paying overtime.
• Salaried employees are often still entitled to overtime. Being paid a salary does not automatically make you exempt. Your job duties and salary level determine whether the exemption applies.
• Overtime cannot be waived. Even if you signed an agreement stating you would not receive overtime, that agreement is unenforceable. Your right to overtime pay cannot be signed away.
• All working time counts. Time spent on pre-shift preparation, post-shift cleanup, mandatory training, travel between job sites during the day, and work performed from home or by phone must be included when calculating your hours.

Common Ways New York City Employers Avoid Paying Overtime

Wage theft rarely announces itself. Employers use a variety of tactics — some careless, some deliberate — to avoid paying overtime. In our experience representing New York City workers, the most frequent violations include:

Misclassifying Employees as Exempt

Employers often label workers as "managers," "administrators," or "professionals" to claim they are exempt from overtime. But exemption status depends on your actual job duties, not your job title. A "manager" who spends most of the day performing the same work as the employees they supposedly supervise, with little genuine authority over hiring, firing, or scheduling, is often legally entitled to overtime. New York also imposes minimum salary thresholds for executive and administrative exemptions that are higher than many employers realize; if your salary falls below the applicable threshold, you are entitled to overtime regardless of your duties.

Misclassifying Workers as Independent Contractors

Calling a worker an "independent contractor" or paying through a 1099 form does not determine your legal status. New York courts look at the actual working relationship — including who controls your schedule, how you are supervised, whether you use the employer's equipment, and whether your work is part of the employer's core business. Misclassified contractors in delivery, construction, cleaning, and transportation work are frequently owed significant overtime pay.

Off-the-Clock Work

Requiring or permitting employees to work before clocking in, after clocking out, or during unpaid meal breaks is unlawful. If your employer knows you are answering emails at night, setting up before your shift, or working through lunch, that time must be paid — and it counts toward your 40-hour overtime threshold.

Flat Salaries and Day Rates for Long Hours

Some employers pay a fixed weekly amount or a daily rate no matter how many hours an employee works. In New York, this practice does not eliminate the right to overtime. Workers paid on these arrangements are generally still owed time-and-a-half for hours over 40.

Time Shaving and Payroll Manipulation

Editing time records, automatically deducting meal breaks that were never taken, rounding hours down, or paying overtime hours "off the books" at straight time are all forms of illegal time shaving.

Tip Credit and Spread-of-Hours Violations

In the hospitality industry, employers who take a tip credit must satisfy strict notice and recordkeeping requirements. Failure to do so can invalidate the tip credit entirely, dramatically increasing what the employer owes. New York also requires an extra hour of pay at the minimum wage — known as "spread of hours" pay — for certain employees whose workday spans more than ten hours.

What You Can Recover in an Unpaid Overtime Claim

New York law is designed not only to compensate workers but to punish and deter wage theft. A successful unpaid overtime claim may allow you to recover:

• Back wages: All unpaid overtime compensation you earned, going back up to six years under the New York Labor Law — one of the longest lookback periods in the country.
• Liquidated damages: An additional amount equal to 100% of the unpaid wages, effectively doubling your recovery, unless the employer proves it acted in good faith.
• Interest: Prejudgment interest at the statutory rate of nine percent per year on unpaid wages.
• Wage notice and wage statement penalties: New York's Wage Theft Prevention Act requires employers to provide written pay rate notices and accurate wage statements. Violations can add thousands of dollars in statutory penalties to your claim.
• Attorneys' fees and costs: Employers who violate the wage laws must pay the employee's reasonable attorneys' fees, which allows workers to pursue claims without paying legal fees out of pocket.

An Example of How Damages Add Up

Every case is different, and actual recoveries depend on your hours, pay rate, and the length of the violations. But this example illustrates why even seemingly modest weekly underpayments can grow into substantial claims over time.

You Are Protected From Retaliation

Many workers hesitate to come forward because they fear being fired, demoted, or having their hours cut. New York Labor Law strictly prohibits retaliation against employees who complain about wage violations, ask questions about their pay, participate in an investigation, or file a lawsuit. If an employer retaliates, it faces additional liability, including lost wages, civil penalties, liquidated damages, and potential reinstatement of the employee. In many cases, a retaliation claim becomes as valuable as the underlying overtime claim itself.

How to Strengthen Your Unpaid Overtime Claim

If you suspect you are owed overtime, taking a few practical steps now can significantly strengthen your case:

1. Keep your own record of hours worked. Note your start times, end times, and meal breaks each day. Personal records — even handwritten notes or phone entries — are powerful evidence, especially when the employer's records are incomplete or inaccurate.
2. Save your pay stubs and wage statements. Compare the hours listed against the hours you actually worked.
3. Preserve communications. Texts, emails, and schedules showing when you were working or when a supervisor assigned after-hours tasks can be critical.
4. Do not rely on the employer's timekeeping system alone. If time records are edited, rounded, or missing, New York law allows employees to prove their hours through their own reasonable recollection.
5. Consult an attorney before signing anything. Employers sometimes offer small settlements or ask employees to sign releases. Never sign a document waiving wage claims without legal advice.

Importantly, when an employer fails to keep accurate time and pay records — as the law requires — the burden shifts in the employee's favor. Courts may credit the worker's good-faith estimate of hours worked, which means you can pursue a claim even without perfect documentation.

How the Legal Process Works

Unpaid overtime claims in New York City can be pursued through a lawsuit in court or, in some circumstances, through an administrative complaint. Our approach typically includes:

• Free case evaluation: We review your pay records, schedules, and job duties to determine whether violations occurred and estimate the value of your claim.
• Investigation: We gather evidence, identify all responsible parties — which may include individual owners and managers, who can be held personally liable under New York law — and assess whether other coworkers experienced the same violations.
• Demand and negotiation: Many overtime claims resolve through negotiated settlements without a trial.
• Litigation: When employers refuse to pay fairly, we file suit and litigate aggressively, including through class or collective actions when violations affect groups of employees.

Because attorneys' fees are recoverable from the employer, we handle unpaid overtime cases on a contingency basis — you pay nothing unless we recover money for you.

Act Quickly: Deadlines Apply to Overtime Claims

New York Labor Law allows you to recover unpaid wages going back six years from the date your claim is filed. However, every week that passes may cause the oldest weeks of unpaid overtime to fall outside the recovery period. Evidence also fades over time: coworkers move on, records are discarded, and memories blur. The sooner you speak with an attorney, the more of your earnings you can protect.

Speak With a New York City Unpaid Overtime Lawyer Today

Your time has value, and New York law guarantees that you are paid for it. If your employer has denied you overtime pay, misclassified your position, forced you to work off the clock, or manipulated your time records, you have the right to fight back — and the law puts significant remedies on your side.

Contact our office today for a free, confidential consultation. We will review your situation, explain your options in plain language, and if you have a claim, pursue the full compensation you are owed — back pay, liquidated damages, penalties, and interest. You worked the hours. Let us help you get paid for them.

You can contact us by phone at 212-233-1233 or by email at [email protected].