What Are Your Overtime Rights Under the Law?
The Fair Labor Standards Act (FLSA) and New York State labor laws require most employees to receive overtime pay for hours worked beyond 40 in a single workweek. Overtime pay must be at least 1.5 times your regular hourly rate.
Some employers attempt to avoid paying overtime by:
- Misclassifying Employees: Labeling eligible workers as “exempt” or “independent contractors.”
- Altering Time Records: Manipulating or erasing records to hide overtime hours.
- Forcing Off-the-Clock Work: Asking employees to work before clocking in or after clocking out.
If you’ve experienced any of these tactics, your employer may owe you significant back pay.
Exempt vs. Non-Exempt Employees
Under the FLSA, only certain employees are exempt from overtime pay, including:
- Executive, administrative, or professional roles that meet specific salary and duty requirements.
- Certain sales positions or highly compensated employees.
Many employers misuse these exemptions to avoid paying overtime. If you’ve been told you’re not eligible, it’s worth consulting an attorney to confirm whether that classification is accurate.
How Unpaid Overtime Affects Workers in New York
When employers fail to pay overtime, it doesn’t just hurt your paycheck—it impacts your entire life. Employees often face:
- Financial Strain: Losing out on hard-earned wages can make it difficult to cover bills, rent, or savings goals.
- Burnout: Working extra hours without compensation leads to fatigue and frustration.
- Unfair Treatment: Feeling undervalued and exploited damages morale and trust in your employer.
What to Do If You’re Owed Overtime Pay in New York
If you suspect your employer has failed to pay you overtime wages, take these steps:
- Keep Records: Document your hours worked, pay stubs, and any communications with your employer regarding overtime.
- Understand Your Classification: Review your job description and salary to confirm whether you’re exempt or non-exempt.
- Contact a New York Unpaid Overtime Attorney: An unpaid overtime attorney can help you understand your rights and take action to recover your wages.
The Consequences of Wage Theft
Failing to pay overtime wages is a form of wage theft, and it has far-reaching effects on workers and society:
- Individual Losses: Employees are deprived of hard-earned money, often leading to financial instability.
- Unfair Competition: Employers who skirt overtime laws gain an unfair advantage over businesses that comply with labor regulations.
- Systemic Exploitation: Allowing wage theft to go unchecked perpetuates a culture of exploitation and inequality in the workplace.
By standing up against unpaid overtime, you’re not just helping yourself—you’re holding employers accountable and helping to create a fairer system for all workers.
How Mizrahi Kroub Can Help with Your Case
If your employer has denied you overtime pay, Mizrahi Kroub is ready to fight for your rights. Here’s how we can help:
- Reviewing Your Case: We’ll analyze your job duties, pay records, and hours worked to determine whether you’re owed overtime wages.
- Investigating Employer Practices: Our team will gather evidence, such as timesheets, emails, and witness statements, to build a strong case.
- Calculating Back Pay: We’ll calculate the wages you’re owed, including interest and potential penalties for violations.
- Negotiating on Your Behalf: Whenever possible, we’ll work to resolve your claim through negotiations, ensuring you get the compensation you deserve without unnecessary delays.
- Pursuing Legal Action: If your employer refuses to pay, we’re prepared to take your case to court and fight aggressively for your rights.
Our experienced unpaid overtime lawyers are dedicated to ensuring you receive the wages you’ve earned.
Every Hour Counts, Contact Mizrahi Kroub Today
If you’ve worked overtime but haven’t been paid, it’s time to take action. At Mizrahi Kroub, we’re committed to fighting for workers’ rights and helping you recover the wages you’re owed. Call us today or fill out our online form to schedule a consultation. Together, we’ll hold your employer accountable and ensure you receive the compensation you deserve.
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