Unpaid Overtime or Wages in New York?
You may be entitled to unpaid wages, double damages, and attorney's fees.
Think your employer shorted your pay? Estimate your unpaid wages or request a consultation.
If your employer has not paid you for all of your hours, denied overtime, paid you a flat day rate, or kept you on long shifts without proper pay, you may have a wage claim under federal and New York law. Many employees are underpaid because the employer labels them "salaried," "exempt," or "independent contractors," even when those labels do not hold up under the law.
This page is designed for one purpose, helping you take the next step. You can either estimate what you may be owed using the wage and hour tool, or contact my office to request a consultation.
Common Wage and Hour Violations
Wage cases often start with a simple problem: the employee worked the time, but the employer did not pay correctly. Common violations include unpaid overtime, unpaid minimum wage, spread of hours violations, off-the-clock work, cash payments without proper wage statements, and misclassification schemes designed to avoid payroll obligations.
- Working more than 40 hours in a week without overtime pay
- Being paid a flat daily or weekly rate regardless of hours worked
- Working shifts longer than 10 hours without spread of hours pay
- Being paid in cash without proper wage notices or wage statements
- Being labeled an "independent contractor" when you were really an employee
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 hours worked over 40 in a workweek. Employers often act as though paying a salary or assigning a nicer title magically changes the law. It does not. The real question is what you actually did, how you were paid, and how much control the employer exercised over your work.
If you routinely worked more than 40 hours and were not paid overtime, there is a serious possibility that you have a claim, even if the employer told you otherwise.
Spread of Hours Pay in New York
New York law may require an additional hour of pay at the minimum wage rate when your workday spans more than 10 hours from beginning to end. This issue is often overlooked by employees and ignored by employers. A person may be paid something for the shift and still be underpaid because spread of hours pay was never added.
If you regularly worked long shifts, split shifts, or days that stretched beyond 10 hours, that issue should be evaluated separately from ordinary overtime.
Misclassification Is Common
Employers frequently misclassify workers as exempt from overtime or as independent contractors. These classifications are often used sloppily, and sometimes cynically, to reduce labor costs. A job title alone does not decide whether overtime is owed. Neither does receiving a salary, a 1099, or a vague statement that you were "management."
The real analysis turns on the facts, your actual duties, the degree of supervision, the pay structure, and the reality of the working relationship. If the classification was wrong, substantial unpaid wages and other damages may be available.
What Can You Recover?
In many wage and hour cases, the law allows recovery of more than just the unpaid wages. Depending on the facts, an employee may be able to recover:
- Unpaid overtime wages
- Unpaid minimum wages
- Spread of hours pay
- Liquidated damages, which often double the unpaid wages
- Statutory penalties for missing wage notices and wage statements
- Attorney's fees and costs
New York's statute of limitations can also make older underpayments relevant, which means the numbers can become substantial faster than many people expect.
How to Get Started
Some people are ready to speak with a lawyer immediately. Others want to get their bearings first. Both are reasonable. That is why this page gives you two ways to move forward.
If you want a rough sense of possible damages, use the wage and hour estimate tool. If you would rather discuss the facts directly, contact my office to request a consultation.