Workers across New York may be missing thousands in unpaid overtime wages without even realizing it. An overtime pay lawyer can help recover these hidden earnings when employers fail to pay the required time-and-a-half rate for extra hours worked.
In fact, New York overtime laws mandate that employers pay 1.5 times the regular rate for hours worked beyond 40 in a workweek. For instance, an employee earning $15.50 per hour should receive $23.25 per hour for overtime. However, many workers remain unaware of how many hours is considered overtime or that the standards are changing. Specifically, by 2025, agricultural workers should receive overtime for hours worked beyond 56 hours per week, with this threshold gradually decreasing until it reaches 40 hours in 2032. Furthermore, NY overtime laws for salaried employees often cause confusion, as demonstrated in a 2015 court case where a contract attorney working 45-55 hours weekly was wrongfully denied overtime compensation.
Despite common misconceptions, many workers—including some salaried employees—are legally entitled to overtime pay. This guide examines when you might need legal assistance to claim wages you’ve rightfully earned under New York labor laws.
What qualifies as overtime pay in New York
New York’s overtime regulations establish strict guidelines for when employers must pay premium rates to their workforce. Understanding these rules is essential for workers seeking fair compensation.
How many hours is considered overtime?
Under New York State Labor Law, most employees qualify for overtime pay after working 40 hours in a single workweek. This overtime must be paid at a rate of at least 1.5 times the employee’s regular pay rate. Consequently, a worker earning $15.50 per hour should receive $23.25 per hour for overtime hours.
Nevertheless, certain exceptions exist. Residential or “live-in” employees are entitled to overtime only after working 44 hours in a workweek. Additionally, farm workers operate under different rules, with overtime eligibility gradually adjusting through 2032.
Who is eligible for overtime pay?
Most employees in New York are entitled to overtime compensation, regardless of whether they’re paid hourly or on salary. Contrary to popular belief, many salaried employees qualify for overtime pay if they don’t meet specific exemption criteria.
State overtime requirements generally don’t cover:
- Executive, administrative, and professional employees
- Outside salespeople
- Government employees (though this doesn’t exclude charter schools, private schools, and non-profit organizations)
- Taxicab drivers
- Camp counselors
- Part-time babysitters
Essentially, your classification depends primarily on your actual job duties rather than your title or how you’re paid.
Common misconceptions about overtime
One prevalent myth is that job titles determine overtime eligibility. Simply having “manager” or “supervisor” in your title doesn’t automatically disqualify you from receiving overtime. Meanwhile, another misconception is that all salaried employees are exempt from overtime pay. In reality, many salaried workers remain entitled to overtime compensation based on their actual duties.
Some employers incorrectly claim they can offer compensatory time (“comp time”) instead of overtime pay. Private employers must pay overtime—they cannot legally substitute time off. Moreover, all working hours count toward overtime—including work performed from home and work-related travel time (excluding regular commutes).
An overtime pay lawyer can help if you suspect your employer has misclassified your position or failed to properly compensate you for all hours worked.
Why salaried employees may still be owed overtime
Many salaried professionals mistakenly believe they aren’t entitled to overtime pay—a costly misunderstanding that leaves significant money on the table. Contrary to this widespread myth, receiving a salary doesn’t automatically disqualify workers from overtime benefits.
NY overtime laws for salaried employees
Although some salaried positions are exempt from overtime requirements, many salaried employees absolutely qualify for extra compensation. Under New York labor laws, an overtime-eligible employee who receives a salary and works beyond 40 hours per week remains entitled to overtime pay. The calculation method differs slightly from hourly workers—employers must divide the weekly salary by the total hours worked to determine the regular rate, subsequently multiplying overtime hours by 1.5 times this rate.
For example, an employee hired to work a 45-hour workweek for a $405 weekly salary has a regular hourly rate of $9 (calculated by dividing $405 by 45 hours). This employee should receive $13.50 per hour (regular rate plus half-time premium) for 5 overtime hours.
Misclassification of employees
Misclassification occurs when employers incorrectly label employees as exempt from overtime requirements. This practice violates federal laws including the Fair Labor Standards Act. The financial impact is substantial—misclassified workers may be owed back wages, overtime pay, and withheld benefits.
To properly classify an employee as exempt, employers must satisfy three critical tests:
- Salary level test – Employee meets minimum salary requirements
- Salary basis test – Employee receives consistent compensation regardless of work quality/quantity
- Duties test – Employee primarily performs exempt executive, administrative, or professional work
Job titles alone never determine exempt status—the actual job duties must meet Department of Labor criteria.
Minimum salary thresholds in 2025
By 2025, to qualify as exempt from overtime, salaried workers in New York must earn at minimum:
- $1,237.50 weekly ($64,350 annually) in New York City, Long Island, and Westchester County
- $1,161.65 weekly ($60,405.80 annually) in the remainder of New York state
These thresholds significantly exceed the federal minimum of $684 weekly. Accordingly, an overtime pay lawyer can help determine if your salary meets these requirements or if you’re entitled to unpaid overtime compensation.
Signs you may need an overtime pay lawyer
Recognizing when your overtime rights have been violated is the first step toward recovering unpaid wages. An overtime pay lawyer can help determine if you’re entitled to compensation you’ve been denied.
You’re working over 40 hours without extra pay
Federal law clearly states that non-exempt employees must receive overtime pay at 1.5 times their regular rate for all hours worked beyond 40 in a workweek. Notably, this applies regardless of whether your employer has a “no overtime” policy. If your paychecks don’t reflect this premium rate for extra hours, undoubtedly it’s time to consult a professional.
Your job title doesn’t match your duties
Job titles alone never determine overtime eligibility. Even with “manager” in your title, you may still qualify for overtime if your actual responsibilities don’t involve genuine executive, administrative, or professional work. Primarily, exemption status depends on your specific job duties, not what you’re called.
You’re pressured to work off the clock
Being asked to complete tasks before clocking in, working through lunch breaks, or handling assignments after hours constitutes wage theft. In essence, all time you spend working at your employer’s request must be compensated.
You’re unsure if you’re exempt or non-exempt
The classification process involves specific tests regarding job duties and salary thresholds. As of 2025, to be exempt, you must earn at least $684 weekly and perform qualifying work. During times of uncertainty about your status, it’s best to consult with an overtime pay lawyer.
How an overtime lawyer can help recover unpaid wages
An experienced overtime pay lawyer brings specialized knowledge and legal strategies that can substantially increase your chances of recovering unpaid wages. Legal professionals can uncover violations that many workers might overlook.
Reviewing your pay records
Overtime attorneys meticulously examine timesheets, pay stubs, and employment records to identify discrepancies between hours worked and compensation received. This thorough analysis helps uncover evidence of wage theft that might otherwise go unnoticed. While employees maintain their own records, a lawyer provides expert interpretation of complex pay structures.
Filing a claim with the Department of Labor
Attorneys assist in filing complaints with the New York State Department of Labor or U.S. Department of Labor. Initially, they help gather concrete evidence such as timesheets and communication records. Once a claim is filed, investigators will review payroll records, interview employees, and assess employer practices to determine violations. The DOL can recover back wages and impose penalties on non-compliant employers.
Negotiating settlements or filing lawsuits
If direct negotiations fail, lawyers can pursue alternative dispute resolution or litigation. Under New York labor law, employees can file claims for unpaid wages dating back six years—significantly longer than the federal two-year standard. Legal action may result in recovering:
- Back wages and liquidated damages (potentially doubling your recovery)
- Attorney fees and legal costs
- Additional penalties for employer retaliation
Understanding your rights under new york overtime laws
Legal professionals help navigate complex overtime regulations, especially regarding exemption status and changing thresholds. Equally important, they protect workers from employer retaliation, which is expressly prohibited by law. Attorneys ensure employees receive proper compensation regardless of whether their employer had a “no overtime” policy.
Conclusion
The fight for fair compensation requires awareness of your legal rights as a worker in New York. Thousands of employees unknowingly leave substantial amounts of overtime pay unclaimed each year due to misunderstandings about eligibility. Regardless of salary status or job title, workers should question situations where they regularly exceed 40 hours weekly without receiving time-and-a-half compensation.
Most importantly, the widespread belief that salaried employees automatically forfeit overtime rights stands as a costly misconception. Rather than accepting an employer’s classification at face value, employees should assess their actual job duties against Department of Labor criteria. This evaluation becomes especially crucial with the 2025 salary threshold increases that will affect exempt status determinations across New York State.
Employers sometimes attempt to sidestep overtime obligations through misleading practices like off-the-clock work requirements or inappropriate job classifications. Therefore, maintaining detailed records of hours worked, duties performed, and communications about work expectations provides essential protection. These records serve as powerful evidence if wage disputes arise later.
Legal professionals specializing in wage and hour claims offer valuable expertise for navigating complex overtime regulations. Their thorough review process often uncovers violations previously overlooked by affected workers. Additionally, they handle the entire claims process from evidence gathering through negotiation or litigation while protecting clients from potential retaliation.
The statute of limitations for overtime claims extends six years in New York—significantly longer than federal standards. This extended timeline gives workers ample opportunity to recover substantial unpaid wages, potentially including doubled damages under certain circumstances. Workers suspecting overtime violations should act promptly to preserve their rights under these protective laws.
Knowledgeable advocacy makes all the difference when pursuing rightful compensation. After all, overtime pay represents money already earned through hard work—not a bonus or favor from employers. Each worker deserves full payment for every hour contributed, as guaranteed under New York’s robust labor protections.