Unpaid Overtime
Worked over 40 hours without time-and-a-half pay? You’re entitled to overtime compensation.
Who Is Entitled to Overtime?
Most workers in New York are entitled to overtime pay at one and a half times their regular hourly rate for every hour over 40 in a workweek. Whether you’re entitled depends on your classification, not your job title.
A lot of employers misclassify employees as “exempt” to avoid paying overtime. Clerks, store employees, people who work with their hands, and many others in non-professional roles are generally entitled to overtime regardless of how they’re paid.
The Flat Salary Problem
One of the most common overtime violations involves employees paid a flat salary with no clear hourly rate. If you don’t know your hourly rate, you can’t know your overtime rate, and your employer is counting on that.
The law requires that employees be able to determine their overtime rate. If yours is hidden in a vague weekly or annual salary, there may be a violation, even if the total compensation seems reasonable at first glance.
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Are You Being Misclassified?
You work more than 40 hours most weeks, but never see overtime pay.
You're doing hands-on, non-supervisory work and working long hours.
You were told you're "salaried" or "exempt" but no one explained what that means.
You're paid a flat day rate or project rate with no overtime consideration.
Think this applies to you? Don’t try to figure it out alone, that’s what we’re here for. Call Stillman Legal P.C. for a free consultation. We don’t get paid unless you do.
FAQ
Frequently Asked Questions
What is overtime pay?
Overtime pay is additional compensation owed to many employees who work more than 40 hours in a workweek. Under federal law, overtime is usually paid at one and one-half times the employee’s regular hourly rate.
What are my rights regarding unpaid overtime work?
If you are a non-exempt employee, you have an absolute right to be paid 1.5 times your regular hourly rate for every minute worked past 40 hours in a single workweek. Your employer cannot give you "comp time" in lieu of overtime pay, and they cannot make a private agreement with you to work for straight pay.
Am I entitled to overtime if I am paid a salary?
Possibly. Being paid a salary does not automatically mean you are exempt from overtime. Your job duties, salary level, and how you are paid all matter.
Can my employer call me a “manager” to avoid paying overtime?
Not automatically. A title alone does not decide whether you are exempt from overtime. Courts look at what you actually do, including whether you supervise employees, make important decisions, and have real management authority.
What evidence do I need to prove unpaid overtime work?
Do not worry if your employer's records are wiped or altered. You can use:
- Personal diaries, calendars, or phone apps tracking your exact hours.
- Google Maps timeline/location data showing you physically at the job site.
- Sent emails, texts, or logged tasks showing work activity outside normal hours.
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