Imagine working 50 hours a week but only seeing 40 hours’ pay on your paycheck. Unfortunately, this scenario is a reality for many hourly workers in New York. Wage theft – including unpaid overtime – is far more common than most people realize. U.S. workers lose an estimated $15 billion yearly due to wage violations like unpaid overtime and minimum wage underpayments. If you’ve been putting in extra hours without pay, you’re not alone, and it’s not your fault. It’s normal to feel frustrated or worried about speaking up. The good news is that the law is on your side, and there are clear steps you can take to recover the wages you’ve rightfully earned. We always want clients, and even potential clients, to know exactly what New York and federal law says about overtime, your rights, and what you can do if you haven’t been paid for your overtime work. We’ll also cover how to address unpaid overtime (including a timeline of steps), discuss why working with a lawyer can make a difference, and answer frequently asked questions for New York workers.
Our team of employment attorneys at Kessler Matura P.C. is skilled in handling wage theft cases. If you have any questions, you can contact us here or call 631-499-9100 for a free consultation.
What the Law Says About Overtime Pay in New York
Most hourly workers across New York State – from New York City to Long Island and beyond – are legally entitled to overtime pay. Both the federal Fair Labor Standards Act (FLSA) and New York State labor laws require that non-exempt employees must be paid time and a half (1.5 times their regular rate) for any hours over 40 worked in a workweek. See more details about the requirements for wage and overtime pay. In simple terms, if you usually earn $20 per hour, your overtime rate should be $30 per hour for each hour beyond 40 in a week.
Your Right to Overtime: Under the law, you have a right to fair compensation for all your work hours. Key overtime rights for non-exempt employees in New York include:
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Over 40 = Overtime: You must receive overtime pay for hours above 40 in one week. Even if your employer says they have a “no overtime” policy, they must pay you for those hours if you worked the hours.
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Time-and-a-Half Pay: Your overtime pay rate must be at least one and a half times your regular pay rate. For example, if you make minimum wage or $15/hour, overtime should be at least $22.50/hour.
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Wages, Not “Perks”: Overtime must be paid in money – not just gifts, future time off, or other perks. An employer can’t substitute a gift card or “comp time” instead of the required overtime pay.
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Most Jobs Are Covered: Almost all hourly jobs (and even many salaried jobs) are covered by overtime laws. Only specific categories of workers are “exempt” (not entitled to overtime) – usually bona fide executives, professionals, specific administrative roles, and others who meet strict criteria. If you’re paid by the hour, you are nearly always entitled to overtime pay when you work over 40 hours.
It’s important to note that job titles do not determine overtime eligibility – your actual duties and salary do. Some employers try to dodge overtime by calling workers “managers” or paying a flat salary. However, if your role doesn’t truly meet an exemption, you should still get overtime pay. New York State has even raised the salary threshold for exempt status: as of 2024, most employees earning under $1,300 per week are generally eligible for overtime pay. This means many salaried workers in NYC and Long Island making under $67,000 a year must be paid overtime if they work over 40 hours, despite the “salaried” label.
New York law and agencies are pretty aggressive in protecting workers’ wages. Wage theft (like unpaid overtime) is taken so seriously that, as of 2023, wage theft is considered a form of larceny (theft) under New York Penal Law. In other words, failing to pay workers the wages they are owed isn’t just unfair – in New York, it can be treated as a crime—the New York State Department of Labor and the U.S. The Department of Labor’s Wage and Hour Division enforces overtime laws and helps workers recover stolen wages.
If you suspect you’re not being paid correctly for your overtime, the law gives you ways to act. Below, we outline a step-by-step timeline of what you can do to address unpaid overtime.
Steps to File an Overtime Wage Claim in New York (Timeline & Process)
Dealing with unpaid overtime can feel overwhelming, but breaking it down into steps can help. Here’s a clear timeline of what to do if you haven’t been paid overtime wages:
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Document Your Hours and Pay: Start by gathering evidence. Save copies of your pay stubs, timesheets, work schedules, or any clock-in/clock-out records. Make a personal log of all the hours you worked each week. Include any overtime hours you worked off-the-clock (for example, if you stayed late finishing tasks or worked through lunch). This documentation is crucial to prove the overtime hours that you were not paid for. Also, note any communications (emails, texts) where you discussed hours or pay with your boss – these can be helpful later.
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Review Your Employment Status: Check whether your job should be eligible for overtime. Most hourly workers are, and even many salaried workers should get overtime unless they are correctly classified as exempt. Ask yourself: Did your employer tell you you’re not eligible for overtime? If so, on what basis? Sometimes, employers misclassify employees as “exempt” or even call them “independent contractors” to avoid paying overtime. If unsure, consult resources or an employment lawyer in NYC to clarify your status. (Remember the salary threshold – you likely are not exempt if you earn below a certain amount per week.
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Raise the Issue with Your Employer (If Safe): Before filing a formal complaint, you might talk to your employer or HR department about the missing overtime pay. There’s a chance it was an oversight or payroll mistake. Be polite but firm, and keep it factual: mention the weeks you believe you’re owed overtime and ask when you can expect it. Document these conversations (write down dates/times and what was said, or follow up by email so there’s a record). Note: Not everyone feels comfortable doing this, and that’s okay. If you fear retaliation or your employer has a history of ignoring wage complaints, you can skip directly to the next steps. Remember, retaliation is illegal – your employer cannot fire or punish you for asking about owed wages, as federal and NY laws protect workers who complain about wage issues.
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File a Complaint with a Government Agency: If your employer refuses to pay or you don’t feel safe raising it internally, you can file a wage complaint. New York State’s Department of Labor (DOL) has a process for workers to claim unpaid wages and overtime. You complete a form (available online or at DOL offices) detailing the unpaid overtime. The DOL will investigate and try to collect your owed wages from the employer. Alternatively, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division if your claim falls under federal law. These agencies will contact the employer, investigate records, and order the employer to pay what’s owed plus penalties. Remember that the New York DOL generally accepts claims for wages going back up to 3 years. (For older or larger violations, a lawsuit might be more effective – see next step.)
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Consult an Overtime Pay Lawyer and Consider Legal Action: It’s often wise to speak with a lawyer for unpaid overtime early in the process – especially if a lot of money is at stake or if you suspect a major violation. An experienced wage and hour attorney can evaluate your case, help determine precisely how much you’re owed, and advise on the best course (agency complaint vs. lawsuit). Your attorney can file a lawsuit to recover the unpaid overtime plus additional damages if needed. In New York, you can sue for unpaid wages and overtime under federal and state law.
Following these steps can help you build a strong overtime wage claim in New York and increase the chances of getting your hard-earned payback. Every situation is different – some cases are resolved with a simple conversation, while others require legal action. Next, we’ll discuss options for resolving unpaid overtime issues and why having a lawyer in your corner can be so important.
Why Working with a Lawyer for Unpaid Overtime Matters
You might wonder, “Do I need a lawyer for an unpaid overtime issue?” While some straightforward cases are resolved without one, many workers find that having an experienced employment lawyer makes a huge difference in recovering their overtime pay. Here’s why working with a lawyer for unpaid overtime matters:
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Deep Knowledge in Wage Laws: Wage and hour laws can be confusing, and employers often hide behind technicalities. A lawyer focusing on unpaid wages and overtime understands the FLSA, New York Labor Law, and all the regulations. They can quickly determine if you have a valid claim, how much you’re owed (including any penalties), and who exactly can be held responsible. For example, your attorney will know how to handle issues like tip credits, fluctuating workweeks, or compensatory time rules that a layperson might not know.
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Handling the Legal Process: If you file a claim with the Department of Labor or a lawsuit in court, there’s paperwork, deadlines, and procedures to follow. Missing a detail could cost you your claim. A lawyer takes that burden off you. They prepare and file the legal documents, deal with your employer or their lawyers directly, and keep the pressure on your employer to do the right thing. This is especially important if your employer is unresponsive or tries to stonewall – once an attorney is involved, the employer knows you mean business.
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Maximizing Your Recovery: A lawyer will aim to get you every penny you’re owed – and then some. They will look at not just the unpaid overtime but also additional damages provided by law. Under federal and NY law, workers can often recover liquidated damages (about 100% of the unpaid amount as a penalty) for wage violations. You may also be entitled to interest on deferred payment. An attorney will calculate these and include them in your claim. Additionally, the law usually requires the employer to pay your attorneys’ fees if you win – meaning the lawyer’s cost can often be shifted to the employer in a successful case.
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Protection and Peace of Mind: Having a lawyer means you have someone looking out for your interests. If you’re worried about retaliation or unsure what to say to your boss, your attorney can guide you. If your employer makes an offer, your lawyer can advise if it’s fair or if you deserve more. You have an advocate, so you’re not navigating this alone.
Many employment lawyers offer free consultations, so it often doesn’t cost anything to at least talk with a lawyer about your unpaid overtime. They can tell you in advance what your case might involve. Ultimately, while you can start a wage claim independently, working with a professional – especially for significant overtime claims – often results in a faster and more favorable resolution.
Why Kessler Matura P.C. Is a Strong Choice for Your Overtime Claim
If you seek legal help for an unpaid overtime issue, choosing a lawyer (or firm) with the right experience is essential. Kessler Matura P.C. is an employment law firm based in New York that focuses exclusively on protecting workers’ rights. Here’s why many New York workers choose Kessler Matura P.C. for overtime and wage claims:
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Proven Experience in Wage Cases: Our firm has a strong track record of successfully handling unpaid wage and overtime cases across New York City, Long Island, and the entire state. We have represented employees in all industries – from restaurant and retail workers to healthcare, construction, and corporate staff – recovering the pay they were owed. Our attorneys have even led and won cases that have led to national recognition and awards. That experience means we know the common tactics employers use to deny overtime (like misclassifying roles or asking people to work “off the clock”), and we know how to fight back effectively. Feel free to contact us for a no-risk and confidential consultation.
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Deep Knowledge of New York Labor Law: Employment law is all we do. Our team stays up-to-date on the latest changes in New York wage laws, regulations, and court rulings. For instance, when New York increased the salary threshold for overtime exemption, our lawyers immediately understood how it would impact local workers. We use our knowledge to educate our clients and build strong legal strategies. We don’t just rely on federal law; we leverage the more worker-friendly provisions of New York State law (like the six-year statute of limitations and robust anti-retaliation rules) to maximize our client’s recovery.
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Empathy and Personalized Guidance: We understand that wage disputes aren’t just about dollars — they’re about respect and financial security for you and your family. At Kessler Matura, we pride ourselves on treating clients with empathy and respect. We listen to your story, explain your options clearly, and keep you informed at every step. In our experience, many employees underestimate their entitlement under these laws or feel guilty for pursuing what they are owed. We ensure our clients understand that seeking your earned pay is not only okay – it’s your legal right. Our job is to shoulder the legal burden so you can focus on your life and work without the stress of fighting a battle alone.
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Strong Reputation and Trust: Kessler Matura P.C. has built a reputation as a trusted employment lawyer in NYC and Long Island. We’ve been recognized in the legal community and by our clients for our dedication and results. When you work with us, your employer will know you have reputable advocates. We believe in honest, transparent communication and fiercely advocating for our clients. As a firm that only represents employees (never employers), you can trust that our loyalty and passion lie entirely with workers like you
Choosing the right lawyer can significantly affect how smoothly and successfully your overtime claim is resolved. If you’re considering legal action, Kessler Matura P.C. is ready to help. But no matter who you work for, remember you can claim your wages, and professionals are prepared to support you.
Frequently Asked Questions about Unpaid Overtime
What should I do if I’m not being paid overtime?
If you’re not being paid overtime, the first thing to do is confirm that you earned overtime pay (hours over 40 in a week) and that you’re a non-exempt employee. Once you’ve established that, start documenting everything – your hours worked, what you were paid vs. what you’re owed, and any communications with your boss about pay. If you feel comfortable, consider the discrepancy with a manager or HR. Sometimes, a simple conversation can resolve a paycheck mistake. If your employer refuses to pay or you suspect it’s a deliberate violation, consider filing a complaint with the New York Department of Labor or the U.S. Department of Labor. You should also consult a lawyer for unpaid overtime – many offer free consultations and can advise you on the strength of your case. Taking action sooner rather than later is essential because time limits (statutes of limitations) apply to wage claims.
How do I report unpaid overtime in New York?
To report unpaid overtime in New York, you can file a wage claim with the New York State Department of Labor’s Division of Labor Standards. The DOL has claim forms (online and paper) where you’ll provide information about your employer, your work hours, and the wages you’re owed. Once submitted, DOL will review your claim. Alternatively, you can contact the U.S. Department of Labor, Wage and Hour Division, especially if your employer is more significant or operates in multiple states. They enforce the FLSA. Reporting to these agencies is confidential. Your employer cannot retaliate against you for filing a claim. You can also report issues to the NY Attorney General’s Labor Bureau or, if you’re part of a union, to your union representatives. If you’re unsure about the process, an employment lawyer in NYC can help you file the complaint or advise if filing a lawsuit would be more effective.
Should I quit my job if I’m not getting paid overtime?
Quitting your job is a big decision. In most cases, you do not need to quit to pursue unpaid overtime. Many workers successfully recover overtime pay while still employed. Quitting won’t automatically help your claim. What matters is proof of hours worked and unpaid wages. However, if the situation at work has become intolerable or you fear ongoing abuse, you might choose to resign. If you do quit (or if you have already left the job), you can still claim your unpaid overtime after leaving. Your right to overtime pay doesn’t vanish if you resign or are fired. Remember that some employers might try to talk you out of pursuing a claim by suggesting you quit first – this is not true. If possible, speaking with a lawyer before quitting is often beneficial. They can advise you on how quitting might affect any legal strategies. Significantly, quitting because of wage violations or related mistreatment could strengthen a
