Have you ever looked at your paycheck and wondered if the math adds up? Maybe you've worked more than 40 hours a week, stayed late to finish projects, or handled tasks outside of your scheduled hours, but your overtime never shows up. You might be asking yourself: Is this legal? Am I supposed to be getting more?
In New York, overtime laws are clear, but employers don't always follow them. And many workers don't realize they've been underpaid until the problem has gone on for months, even years.
At Mizrahi Kroub LLP, we help employees who are unsure of where they stand get the answers they need—and the compensation they deserve. With over 50 years of collective experience, $1 billion+ recovered, and 5,000+ cases resolved, we know how to identify wage violations and fight back. If you suspect you've been shortchanged, here's what to do next.
Step 1: Know Your Rights Under New York Overtime Law
Most employees in New York are entitled to overtime pay at 1.5 times their regular rate for any hours worked over 40 in a single workweek. That includes full-time, part-time, hourly, and many salaried workers.
However, certain roles may be exempt from overtime—but those exemptions are often misunderstood or misused by employers. Make sure you know how you're classified:
- Non-Exempt Employees: Entitled to overtime pay. Typically hourly or salaried below a certain threshold.
- Exempt Employees: May not be entitled to overtime, but only if specific job duties and salary levels are met.
Just because you're called a "manager" or paid a salary doesn't mean your employer is following the law.
Step 2: Gather Evidence of the Hours You've Worked
To support your claim, collect as much documentation as possible. Strong evidence helps prove how much you're owed. Start with:
- Time Records: Timesheets, punch cards, personal logs, or any record showing your work hours.
- Pay Stubs: These can show your rate of pay and whether overtime hours were paid.
- Written Communication: Emails, texts, or messages referencing work duties, extra hours, or scheduling expectations.
- Job Descriptions or Offer Letters: Useful to compare your actual work duties to how your job is classified.
If you're missing some records, don't panic. Our team can help you reconstruct timelines and fill in the gaps.
Step 3: Speak to Your Employer or HR—If You Feel Safe Doing So
In some cases, unpaid overtime is a result of poor timekeeping systems or administrative oversight. If you're comfortable, raise the issue with your supervisor or HR department. Keep these tips in mind:
- Be Clear and Professional: Share your records and ask how your classification and pay are determined.
- Document the Conversation: Save emails or take notes about what was discussed in case further steps are needed.
If you're met with pushback or retaliation, it's time to speak to an attorney.
Step 4: Consult a New York Unpaid Overtime Lawyer
When internal conversations lead nowhere, or if you're not sure how to approach the issue at all, a lawyer can help you take the right next step.
At Mizrahi Kroub LLP, we've helped thousands of employees across New York recover the overtime pay they were denied. We'll review your role, assess your employer's obligations, and lay out a strategy that works for your goals. What we do:
- Clarify Your Classification: We analyze whether your "exempt" status is legitimate or a misclassification.
- Build Your Case: We help document violations and quantify what you're owed.
- Pursue What You Deserve: Whether through negotiation or litigation, we push for full and fair compensation, including penalties and damages if applicable.
Step 5: Don't Wait Too Long to Take Action
There's a limited window to file an unpaid overtime claim. In New York, the statute of limitations ranges from 2 to 6 years, depending on the details of your case. If you wait too long, you risk losing your right to recover unpaid wages.
Take the First Step Toward Fair Compensation
Being denied overtime pay isn't just a financial issue, it's a matter of fairness and respect for your time and labor. If something doesn't feel right, trust your instincts.
When you stand up for your wages, you're not just advocating for yourself; you're helping protect others from the same mistreatment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
