,When Your Paycheck Doesn’t Match Your Hours: Understanding Overtime Rights with an Employment Law Lawyer in New York
If you’re working more than 40 hours a week in New York but not seeing overtime pay on your paycheck, you might be missing out on thousands of dollars you’re legally owed. Many employees mistakenly believe that earning a salary automatically disqualifies them from overtime pay. Still, under New York law, the reality is far more complex—and often works in your favor. The truth is that most employees in New York must be paid overtime at a rate of not less than time and one-half their regular rate of pay for all hours worked over 40 in a workweek, regardless of their salary level, unless they meet particular exemption criteria. Even if your employer calls you “exempt” or puts you on a salary, you could still be entitled to overtime if you make less than confident threshold amounts or if your actual job duties don’t qualify for exemption. Understanding these rules can mean the difference between accepting unpaid extra hours as “part of the job” and recovering the compensation you’ve rightfully earned.
Pro Tip: Start tracking your actual work hours now, even if you’re salaried—use a simple phone app or notebook to log when you start, take breaks, and finish each day, as this documentation becomes crucial evidence if you need to claim unpaid overtime.
If you’ve been clocking extra hours without the additional pay, it’s time to act. Get in touch with Kessler Matura P.C. to explore your options for recovering what you’re owed. Simply dial 631-499-9100 or contact us online to start the conversation.
New York’s Dual-Layer Overtime Protection System
Working with an employment law lawyer in New York reveals that employees here benefit from both federal and state overtime protections, with the stronger protection consistently applying to your situation. The Fair Labor Standards Act (FLSA) requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, the FLSA includes numerous exemptions to the Act’s minimum wage and/or overtime pay requirements. For example, section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, or professional employees, as well as computer employees and outside sales employees. In New York, the New York State Minimum Wage Orders contain the State’s overtime requirements in addition to those required by federal law, creating a two-tier system that often provides greater protection than federal law alone.
Your job title does not decide whether you are exempt from the overtime rules. Instead, your job duties, whether you are paid on a salary basis, and whether you meet certain salary thresholds, determine whether you are correctly classified as an exempt employee. For this FLSA exemption to apply, an employee’s specific job duties and earnings must meet all the requirements of the Department’s regulations. Some occupations are exempt from overtime under the federal FLSA but are still entitled to overtime under the New York State Labor Law, which means an employment law lawyer in New York must carefully analyze both sets of rules to determine your rights.
Pro Tip: Don’t assume you’re exempt just because your employer says so—many employers misclassify employees either by mistake or intentionally, and you have the right to challenge this classification.
Breaking Down the Numbers: Current Salary Thresholds and What They Mean
Understanding the specific salary thresholds that apply to your situation helps clarify whether your employment law lawyer in New York can help you recover unpaid overtime. On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department’s 2024 final rule. Consequently, about enforcement, the Department is applying the 2019 rule’s minimum salary level of $684 per week ($35,568 annually) for federal exemptions. However, New York State maintains its own, often higher, thresholds that provide stronger protections for workers.
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Downstate New York (NYC, Nassau, Suffolk, and Westchester): $1,237.50 per week ($64,350 per year) for executive and administrative exemptions as of January 1, 2025
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Remainder of New York State (outside NYC, Nassau, Suffolk, and Westchester): $1,161.65 per week ($60,405.80 per year) for executive and administrative exemptions as of January 1, 2025
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Professional employees in New York: Federal minimum of $684 per week applies since Section 142-2.14 of the NYCRR does not include specific salary exemption thresholds for professional employees
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Agricultural workers: Earn overtime after working 56 hours in a work week, and for any hours worked on their designated day of rest
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Doctors, lawyers, teachers, and outside sales employees: Not subject to these earnings thresholds
Pro Tip: From Melvile to Montauk, if you work in Suffolk County, the higher salary thresholds likely apply to you—check your pay stubs to see if your weekly salary falls below the applicable threshold.
The Three-Part Test: How Courts Determine Your Exempt Status
An employment law lawyer in New York will evaluate your exemption status using three critical factors that all must be met for an employer to deny you overtime pay legally. First, the salary basis test requires that you receive a predetermined amount of compensation each pay period that doesn’t vary based on the quality or quantity of work performed. Second, the salary level test examines whether you meet the minimum salary thresholds—and remember, the rest of New York State (areas outside of New York City and Nassau, Suffolk, and Westchester counties) requires $1,161.65 per week ($60,405.80 per year) on January 1, 2025, for executive and administrative exemptions. Third, the duties test looks at your actual day-to-day responsibilities, not just your job title.
Why Job Duties Matter More Than Titles
We’ve seen countless cases where employers give impressive titles like “manager” or “coordinator” to justify exempting employees from overtime. Still, the actual work involves routine tasks that don’t qualify for exemption. The Department’s regulations require executive, administrative, and professional (EAP) employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1). Your actual responsibilities—whether you supervise others, exercise independent judgment, or perform work requiring advanced knowledge—determine your accurate classification.
Pro Tip: Write down your typical daily tasks and estimate the percentage of time spent on each—if most of your time involves non-managerial work like data entry, customer service, or manual tasks, you’re likely non-exempt regardless of your title.
Consequences for Employers Who Violate Overtime Laws
Employers that fail to pay the required overtime may be liable not only for overtime compensation, but also for liquidated damages, attorneys’ fees and costs, and sometimes punitive damages. This comprehensive liability structure means that when you work with an employment law lawyer in New York, employers often prefer to settle valid claims rather than face the mounting costs and potential penalties of litigation. The FLSA does not require employers to pay overtime for weekends or holidays unless overtime is actually worked on those days. Still, any hours over 40 in a workweek must be compensated at the overtime rate.
Understanding Liquidated Damages and Your Total Recovery
Under both federal and state law, successful overtime claims often result in “double damages“—you receive not just the unpaid overtime but an equal amount in liquidated damages. For someone owed $10,000 in overtime over two years, this could mean a total recovery of $20,000, plus the employer pays your attorney’s fees. It is possible that different employees or groups of employees have different workweeks, so your overtime calculation is based on your specific work schedule.
Frequently Asked Questions
Common Overtime Eligibility Questions
Many employees share similar concerns about their overtime rights, especially when salary thresholds and exemption rules seem confusing. Understanding these basics helps you recognize when to seek help from an overtime pay lawyer.
Pro Tip: Don’t wait to ask questions—New York has a six-year statute of limitations for wage claims, but evidence becomes harder to gather as time passes.
Next Steps in Your Overtime Claim
Taking action to recover unpaid overtime starts with understanding your rights, documenting your situation, and consulting with an experienced wage and hour attorney, who can evaluate your specific circumstances.
Pro Tip: Many employment rights lawyers in New York offer free consultations to evaluate overtime claims—take advantage of this to understand your options without financial risk.
1. If I make less than $64,350 annually in Suffolk County, am I automatically entitled to overtime pay?
Not automatically, but likely yes. While salary thresholds are essential, your actual job duties and your compensation also matter. Most employees earning below the applicable threshold in Suffolk County are entitled to overtime unless they fall into specific exemptions like certain professionals, teachers, or outside sales employees.
2. Can my employer avoid paying overtime by calling me a manager or putting me on a salary?
No. Your job title and salary status alone don’t determine overtime eligibility. You must actually perform exempt duties like managing other employees, exercising significant independent judgment, or performing professional work requiring advanced knowledge. Many “managers” actually qualify for overtime despite their titles.
3. What if my employer says the company policy prohibits overtime work?
If you actually work overtime hours, you must be paid for them regardless of company policy. While the FLSA doesn’t protect employees who work unauthorized overtime against a conspicuously posted policy, employers cannot simply refuse to pay for hours actually worked. They can discipline you for violating policy, but they still owe you overtime pay.
4. How far back can I claim unpaid overtime in New York?
New York generally allows six years to sue for wage claims, which is longer than the federal two-year limit (three years for willful violations). This extended timeframe means you could recover significant unpaid overtime. An unpaid overtime claim, an attorney can help determine which statute applies to maximize your recovery.
5. Will filing an overtime claim affect my current job or future employment?
It’s illegal for employers to retaliate against employees for asserting their wage and hour rights. If you experience termination, demotion, or harassment after filing a claim, you may have additional legal remedies. Many employees successfully recover unpaid overtime while maintaining their employment, particularly when working with an overtime exemption attorney in Long Island.
Work with a Trusted Employment Lawyer
Navigating overtime laws requires understanding both federal and state regulations, calculating complex wage formulas, and standing up to employers who may have significant resources. The minimum wage rate is $16.50 for New York City, Long Island, and Westchester, and $15.50 for the remainder of New York State, with the state minimum wage scheduled to increase by $0.50 on January 1, 2026. Beginning in 2027, the minimum wage will annually increase by the three-year moving average of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region. These ongoing changes make it essential to work with professionals who stay current on evolving wage and hour laws. Whether you work near the Huntington Quadrangle or the western border of Nassau County, understanding your rights is the first step toward fair compensation.
Feeling shortchanged by unpaid overtime? Don’t let your efforts go unnoticed. Connect with Kessler Matura P.C. and discover how you can reclaim your deserved wages. Call us at 631-499-9100 or contact us today for guidance.
