Unpaid Overtime in New York? Our Lawyers Fight for Workers in NYC, Nassau, and Suffolk County

For over 35 years, the employment attorneys at Leeds Brown Law, P.C. have been pioneers in protecting the rights of workers across the New York City metropolitan area. A cornerstone of that fight is ensuring that every employee receives the full and fair compensation they have earned. Wage theft, particularly the denial of overtime pay, is a pervasive issue that illegally deprives hardworking New Yorkers of their wages.

If you have worked more than 40 hours in a week and have not been paid a premium for that extra time, your employer may be breaking the law. You are protected by both the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). In many cases, New York’s laws provide even stronger protections and greater potential recovery for employees than federal law. Understanding your rights is the first step toward reclaiming the money you are owed. Our experienced unpaid overtime lawyers are here to help you navigate this process and hold your employer accountable.

Are You Owed Overtime? Understanding New York’s Overtime Laws

The fundamental rule of overtime is straightforward: most employees in New York who work more than 40 hours in a given workweek must be paid at a rate of at least one and one-half times their regular rate of pay for every hour worked beyond 40. This is not a benefit or a courtesy—it is a legal requirement.

Your “regular rate of pay” includes your hourly wage plus most other forms of compensation, such as non-discretionary bonuses and commissions. New York’s minimum wage laws also play a crucial role; as the state, New York City, and Long Island minimum wages increase, the corresponding overtime rates increase as well.

Many workers mistakenly believe they are not entitled to overtime because they are paid a salary or hold a certain job title. However, eligibility is determined by your actual job duties, not how you are paid or what your title is. If your employer has told you that you are “exempt” from overtime, it is critical to have that classification reviewed by a knowledgeable wage and hour lawyer.

Common Overtime Violations We See in NYC and Long Island

Employers use a variety of tactics, both intentional and unintentional, to avoid paying their employees the overtime they have legally earned. At Leeds Brown Law, P.C., our attorneys have seen it all. We frequently litigate cases involving these common violations across New York City, Nassau County, and Suffolk County.

Employee Misclassification: The “Independent Contractor” or “Salaried Manager” Trap

One of the most frequent forms of wage theft is employee misclassification. A company may label a worker as an “independent contractor” to avoid paying overtime, payroll taxes, and benefits. However, under New York law, the reality of the working relationship—not the label the employer gives you—is what matters. If an employer controls the manner and means of your work, you are likely an employee and entitled to overtime pay.

Similarly, employers often misclassify employees as “salaried exempt” managers to avoid overtime obligations. Simply being paid a salary does not automatically make you ineligible for overtime. To be lawfully exempt, your primary job duties must meet strict legal criteria for executive, administrative, or professional work. Many so-called “assistant managers” or supervisors spend the vast majority of their time performing the same non-exempt tasks as the employees they supervise and are therefore owed overtime.

“Off-the-Clock” Work and Unpaid Hours

Any time you are required or permitted to work, you must be paid for it. This includes work performed before your shift officially starts or after it ends, working through an unpaid meal break, taking work home, or responding to work-related emails and calls outside of your scheduled hours. If this “off-the-clock” work pushes your total hours above 40 for the week, you are entitled to overtime pay.

Tipped Worker Violations in Hospitality

The rules governing tipped workers in the hospitality industry are complex and often abused by employers. While employers can take a “tip credit” to pay a lower cash wage, this credit has strict requirements. If those requirements are not met, or if your tips are illegally withheld or pooled, you may be owed not only your full wages but also overtime calculated at the full minimum wage rate, not the lower tipped rate.

Paying “Straight Time” for Overtime Hours

Some employers simply pay an employee their regular hourly rate for all hours worked, including those over 40. This practice, known as paying “straight time” for overtime, is a clear and direct violation of both federal and New York law. You are legally entitled to the 1.5x premium for all overtime hours.

How to Recover Your Stolen Wages: Taking Action in New York

If you believe you are owed overtime, you have powerful legal options. In New York, you can pursue your unpaid wages through two primary channels:

1. File a Claim with the Department of Labor: You can file a wage complaint with the New York State Department of Labor (NYS DOL). The department will investigate your claim and can order your employer to pay back wages.
2. File a Private Lawsuit: You can hire an attorney to file a lawsuit in state or federal court. This path often allows for a more significant recovery. Under the NYLL, a successful lawsuit can allow you to recover not only your unpaid wages but also liquidated damages equal to 100% of the unpaid wages, plus interest and attorney’s fees.

Crucially, the statute of limitations in New York is six years, meaning you can claim wages that were stolen from you up to six years ago. Furthermore, it is illegal for your employer to fire, demote, or otherwise retaliate against you for inquiring about or filing a claim for unpaid wages. If they do, you may have an additional claim for retaliation.

Why Choose Leeds Brown Law for Your Unpaid Overtime Case?

Choosing the right wage and hour lawyer can make all the difference. Leeds Brown Law, P.C. is a prominent NYC and Long Island litigation firm with a track record of success.

• Experience That Drives Results: With over 35 years of experience and more than $250 million recovered for our clients, we have the resources and knowledge to take on employers of any size.
• No Fee Unless We Win: We handle unpaid overtime cases on a contingency fee basis. This means you pay no attorney’s fees unless we successfully recover money for you.
• A Respected Team of Advocates: Our attorneys are widely known and respected across the New York City metropolitan area for their aggressive advocacy and outstanding results in complex employment law cases.

Do not let an employer keep the wages you rightfully earned. Contact the New York unpaid wage lawyers at Leeds Brown Law, P.C. today for a free and confidential consultation. Call us at (855) 789-3400 or fill out our online contact form to find out how we can help you.