Unpaid Overtime and Employee Misclassification
Clear Analysis of Your Job Duties, Pay Structure, and Legal Rights
Many employees in New York are denied overtime because their employer classifies them as “exempt,” “salaried,” or “independent contractors.” These labels are often applied incorrectly. Under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), the work you actually perform (and not the title you’re given) determines whether you are owed overtime.
My role is to evaluate the facts with clarity and precision. I take a limited number of wage cases so I can focus closely on classification, duties, documentation, and damages. If you believe your overtime was denied or miscalculated, I will review your situation carefully and explain your options in clear, practical terms.
Who Is Entitled to Overtime?
The general rule is straightforward: Most employees in New York must be paid one-and-a-half times their regular rate for all hours over 40 in a week. Employers frequently misunderstand this rule. Many assume that paying a salary, assigning a managerial title, or calling someone “exempt” removes the obligation to pay overtime. In many cases, the law disagrees.
I look beyond job titles and examine what you actually did each day, how you were compensated, and how the employer structured your work. This determines whether you were legally entitled to overtime and whether significant damages may be available.
Misclassification as “Exempt”
To classify someone as exempt from overtime, an employer must satisfy both a duties test and a salary basis test. These tests are narrow and often misapplied. Employees are commonly misclassified when their work is primarily routine, clerical, manual, or closely supervised. Some workers are given managerial titles without real managerial authority. Others are labeled “administrative” when their responsibilities are largely procedural. These situations often lead to overtime liability.
If your actual responsibilities did not match the legal criteria for exemption, you may be entitled to substantial unpaid overtime and liquidated damages.
Independent Contractor Misclassification
Receiving an IRS Form 1099 or being told you are a contractor does not settle the question. The law focuses on control: schedules, supervision, consistency of work, and whether the business relies on your labor. If the company dictated how, when, and where you worked, you may have been an employee for wage purposes regardless of what the paperwork said. Contractor misclassification often results in claims for overtime, unpaid wages, and statutory penalties.
Salaried Employees Are Frequently Still Owed Overtime
Being paid a salary does not eliminate the right to overtime. Many salaried employees are legally non-exempt. When this happens, the employer must convert your weekly salary into an hourly rate and calculate overtime at one-and-a-half times that rate.
This applies even when:
- No time records were kept
- Long hours were expected as part of the job
- Employees were discouraged from reporting all hours worked
Evidence and Evaluation
Overtime cases depend heavily on documentation and credible testimony. When evaluating your situation, I consider:
- Pay statements and pay structure
- Job duties as actually performed
- Emails, schedules, or messages showing hours worked
- Timekeeping practices, including inaccurate or incomplete records
- Statements or policies about overtime or availability
Damages Available in Overtime and Misclassification Cases
When overtime is denied, New York and federal law often allow employees to recover more than the missing wages alone. Damages may include:
- Unpaid overtime wages
- Liquidated damages, often doubling the amount owed
- Interest
- Statutory penalties
- Attorneys’ fees and litigation costs