RECOVERED
- In New York, employees who work over 40 hours per week must be paid overtime at 1.5 times their regular rate, and state law may provide extra protections.
- Overtime eligibility depends on job type, payment method, and exemptions; some salaried or specialized employees may still qualify.
- Overtime is based on weekly hours, not daily, and special rules apply for varying pay rates and some hospital or residential workers.
- Not paying overtime is wage theft, affecting all workers but especially non-union, low-wage, and immigrant employees in industries like restaurants, retail, and healthcare.
- NYC overtime lawyers can review claims, calculate back pay, gather evidence, negotiate settlements, and file lawsuits if needed.
In New York, as in the rest of the United States, eligible employees who work more than 40 hours in a week are entitled to overtime pay. Unfortunately, paying employees less than what is required by law is shockingly common in New York City.
Wage theft is unfair, but itโs also illegal. As such, you may be able to pursue compensation for any damages suffered as a result of wage theft. Our unpaid overtime lawyers in New York City can help you fight for what you are owed. Common damages include back pay and legal fees.
Joseph & Norinsberg has recovered over a quarter of a billion dollars for our clients. We hold employers responsible when they treat workers unfairly. Call now to book a free consultation and learn more about how our wage and hour lawyers in New York City can help.
Overtime Regulations in New York City
There are several determinants for whether or not employers have to pay overtime and to whom. How the employee is paid is one of these factors. While many salaried employees are exempt from overtime pay, this exemption does not apply to all employees on a fixed salary.
In fact, most employees are eligible for overtime pay in certain situations. While working more than 40 hours in a week automatically entitles eligible employees to overtime pay, working nights, weekends, or holidays does not.
Receiving extra pay for working these hours is generally based on company policy, not law. If you are unsure about how overtime laws apply to you, it is in your best interest to consult with our employment lawyers in New York City today.
How Our Overtime Attorneys Can Help
Failure to pay workers for overtime to which they are legally entitled is a form of wage theft. Our legal team will protect your rights and help you recover the compensation your employer has denied you.
- Our lawyers will thoroughly review your case to determine if wage theft occurred.
- We will find and gather evidence to substantiate your claim.
- Our team will calculate back pay and other damages.
- Our attorneys will negotiate for a pre-trial settlement and file a lawsuit.
- If no reasonable settlement can be reached, we will file a lawsuit at the Daniel Patrick Moynihan U.S. Courthouse or appropriate facility.
In some cases, your Joseph & Norinsberg unpaid overtime attorneys in New York City may establish a class–action lawsuit if it appears that a large number of employees were subjected to wage theft.
We Get Results
Joseph & Norinsberg has recovered more than $250,000,000 in awards and settlements on behalf of New York employees. Our case results include a $3 million settlement for employees who were denied full overtime pay for time spent transporting work vehicles and unpaid meal breaks.
Past recoveries should not be considered indicative of future case outcomes. The results of your specific claim depend on your unique facts and circumstances.
How to Calculate Overtime Pay in New York
Many workers are shortchanged because employers miscalculate the regular rate. New York law requires employers to pay non-exempt employees 1.5 times their regular hourly rate for every hour worked beyond 40 in a single workweek.
To calculate your overtime pay, first determine your regular rate of pay, which includes your hourly wage and any applicable bonuses, commissions, or shift differentials. Divide your total earnings by the total hours worked to determine your regular rate.
Next, multiply your regular rate by 1.5 to calculate your overtime rate. Finally, multiply your overtime rate by the number of overtime hours worked during the week to determine your overtime pay. If your overtime pay doesn’t come out to what you expect, reach out to Joseph & Norinsberg.
Overtime for Salaried Employees
Calculating a worker’s regular pay rate can be complicated. For salaried workers or employees who earn different rates for different jobs at the same company, you need special formulas. These formulas depend on the specific workweek.
Overtime is calculated on a per–week basis rather than across multiple weeks. So an employee working 30 hours in one week and 50 in the next still only gets overtime for the second week. Employers aren’t allowed to average the two weeks to arrive at 40.
Your overtime pay is based on your total hours for the week, not just one day. If you work 15 hours in a single day, it does not count for overtime unless your total hours for the week exceed 40. This rule has some exceptions for certain healthcare workers.
Overtime Rights and Wage Theft Protection Laws
Wage theft is a violation of the federal Fair Labor Standards Act. This requires employers to pay 1.5 times the employeeโs normal rate of pay for any hours worked above 40. In New York, other legal standards can also apply:
- The New York Wage Theft Prevention Act further requires an employer to present a complete statement of earnings at the conclusion of each pay period. Failure to do so is a violation of the law.
- The Davis-Bacon Act specifically entitles federal contract workers to prevailing wages, which are above minimum wage and are calculated by the U.S. Department of Labor.
When there is a conflict between state and federal law, an employer must follow the law most beneficial to its employees. Our New York City unpaid overtime lawyers at Joseph & Norinsberg can review your case and help you understand how federal and state laws apply.
led is a form of wage theft. Other examples of wage theft include not paying workers at least minimum wage, not providing the last paycheck when a worker leaves their job, and not paying for total hours worked. Misclassifying workers as independent contractors and other tax law violations also contribute to wage theft.
Legal immigration status and US citizenship are not prerequisites for overtime pay. If you believe that an employer is taking advantage of a worker based on their illegal status, contact an experienced New York City overtime lawyer immediately.
Exceptions to the New York City Overtime Rules
Although most businesses are required by the FLSA and New York law to pay overtime, there are some exceptions. Some examples of workers and industries exempt from traditional 40-hour overtime rules in NYC include:
- International shpping industries (specifically seamen on American vessels working out of New York Harbor);
- Commissioned sales professionals (under specific retail or service industry rules);
- Taxi drivers;
- Certain interstate transportation workers (such as specific mechanics and delivery drivers covered by the Federal Motor Carrier Safety Administration);
- Certain seasonal workers (at qualified seasonal amusement or recreational establishments);
- Executive, administrative, and professional employees who earn above New York City’s strict minimum salary threshold and meet specific job duty tests, such as the power to hire, fire, or make high-level business decisions.
Never assume you are exempt from overtime simply because your employer tells you so. Joseph & Norinsberg can discuss your situation during your free consultation and let you know if your rights have been violated.
Workers Who Commonly Suffer From Wage Theft
No type of worker is immune to the risk of wage theft, but non–union workers, immigrants, and low–wage workers are most vulnerable. Industries that involve significant wage theft include:
- Agriculture
- Restaurants
- Long-Term care and home health care
- Garment manufacturing
- Janitorial
- Poultry processing
- Retail
Our New York City unpaid overtime lawyers work with employees from all walks of life. Because we work on contingency, you pay no upfront fee when we take your case. You only pay Joseph & Norinsbergโs fee when we win. We take our fees as a percentage of your award or settlement.
Talk to Our Unpaid Overtime Attorneys in New York City
If you have been a victim of wage theft in NYC, do not take it lightly. The U.S. Department of Labor Wage and Hour Division at the Jacob K. Javits Federal Building handles federal wage theft standards in New York City.
However, New York State labor laws also apply to your case, and they often offer even stronger worker protections and higher minimum wage rates than federal law. Our unpaid overtime attorneys in New York City will protect your rights and help you seek restitution.
Our legal team at Joseph & Norinsberg can help. We have successfully protected the rights of countless NYC workers, getting them the justice and compensation they deserve. Call now to schedule your free consultation and tell us what is happening.
Our Clients Have Given Us a Five-Star Rating
Our clients benefit from our hard work, and it means everything to us when they write to us and tell us how much of a difference we made in their lives. Below are a few examples of the types of client feedback we regularly receive:
Jon Norinsberg is one of New York Cityโs leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.
Attorney Duffy was on a team that proved summary judgment that the employer defendant had misappropriated tips from its employees.
Wage and hour claim for a class of trade workers who were denied full overtime pay and worked through unpaid meal breaks.