You answer emails after dinner. You take calls outside of business hours. You’ve worked through weekends just to keep up. But when your paycheck comes, the hours don’t add up, and you’re not sure who to ask or what you’re owed.
If you're working remotely in New York, you may still be entitled to overtime pay. But understanding how the law applies to your role can be confusing. At Mizrahi Kroub LLP, we help employees across New York stand up for their time and their pay. With more than 50 years of combined experience, over $1 billion recovered for workers, and 5,000+ cases resolved, we know how to hold employers accountable, even when the work happens off-site.
Are Remote Workers in New York Entitled to Overtime Pay?
Yes, if you're a non-exempt employee, you're generally entitled to overtime pay for any hours worked beyond 40 in a single workweek. That rule applies whether you're sitting in an office, working from your kitchen, or logging in from a co-working space.
The bigger question is whether you’re exempt or non-exempt, and that depends on your job duties and compensation structure.
Understanding Exempt vs. Non-Exempt Status
Exempt Employees: Typically salaried professionals with higher-level responsibilities. They do not qualify for overtime pay under the Fair Labor Standards Act (FLSA) and New York Labor Law.
Non-Exempt Employees: Usually paid hourly or below the exempt salary threshold. They do qualify for overtime pay—1.5 times their regular rate for all hours over 40 per week.
Many remote workers are misclassified, underpaid, or overlooked entirely. If you're not sure where you fall, our legal team can review your role and give you a clear answer.
Common Overtime Challenges for Remote Workers
Working from home can blur the lines between "logged in" and "logged off." These blurred boundaries often lead to unpaid time—and legal violations:
Unrecorded Work Hours: Emails, messages, and late-night tasks often go undocumented but still count as work.
Misclassification: Employers may improperly classify remote employees as exempt to avoid paying overtime.
Time Tracking Issues: Without accurate records, it's easy for employers to dispute your hours or underpay.
Just because you're off-site doesn't mean you're out of scope for legal protections. Your time is still valuable and compensable.
How Mizrahi Kroub LLP Can Help Remote Workers Recover Unpaid Overtime
At Mizrahi Kroub LLP, we’ve helped thousands of New Yorkers secure the wages they’re rightfully owed. We know how to build strong, well-documented cases and put pressure on employers who try to cut corners with remote workers. Here’s how we help:
We Review and Assess Your Role: We’ll determine if you’ve been misclassified and whether your employer has violated state or federal law.
We Help You Document the Violations: From emails and work logs to chat histories and timesheets, we know how to gather proof—even if your employer didn’t keep records.
We Fight to Recover What You’re Owed: Whether through negotiation or litigation, we pursue every available path to get you paid for your time, effort, and stress.
New York Law May Offer You Even More Protection
New York’s labor laws often provide stronger protections than federal laws—especially when it comes to wage and hour violations. Our firm is deeply familiar with these regulations and how they apply to remote work arrangements. We don’t just understand employment law—we live and breathe it, every day, for New York workers.
Protect Your Time. Protect Your Future. Reach Out to the Employment Attorneys at Mizrahi Kroub LLP Today.
If you suspect you’re being underpaid or taken advantage of, don’t stay silent. Remote work should give you flexibility, not strip you of fair pay.
When you speak up, you’re helping raise the standard for every remote worker who comes after you.
Contact Mizrahi Kroub LLP today for a free, confidential consultation with one of our New York unpaid overtime lawyers. We’ll help you understand your rights, evaluate your case, and fight for the compensation you’ve earned.
Your time matters. Let us help you get paid for it.
