You’ve been staying late, answering emails after hours, and covering extra shifts—but your paycheck hasn’t changed. Maybe you’re told you’re “salaried” and not eligible for overtime, or you're unsure whether you're classified correctly. If this sounds familiar, you’re not alone—and you may be entitled to more than you’re getting.
At Mizrahi Kroub LLP, we stand up for New York workers whose rights have been ignored, especially when it comes to unpaid overtime. Understanding whether you’re an exempt or non-exempt employee is the first step toward making sure you’re paid fairly.
Understanding Overtime Pay: Who Qualifies in New York?
Under both New York Labor Law and the Fair Labor Standards Act (FLSA), most non-exempt employees must be paid 1.5 times their regular hourly wage for any hours worked beyond 40 in a single workweek.
But not everyone qualifies—and some employers misclassify workers to avoid paying overtime. To determine whether you’re owed overtime, it’s key to understand how your job is classified.
Exempt vs. Non-Exempt Employees: Know Your Rights
In New York, your classification depends on more than just your job title. It’s based on your actual duties, salary level, and how you’re paid.
- Exempt employees are not entitled to overtime pay.
- Non-exempt employees are legally entitled to overtime for hours over 40 per week.
Who Is Considered Exempt?
To be exempt, you must typically:
- Earn a salary above the state or federal threshold
- Be paid on a salaried (not hourly) basis
- Perform specific types of job duties (e.g., executive, administrative, or professional roles)
Even if you’re called a “manager” or work long hours, you may still be non-exempt if your day-to-day responsibilities don’t match the legal definition of exempt roles.
Non-Exempt Employees: Your Right to Overtime
If you're classified as non-exempt, you have a legal right to overtime pay. That means:
- Overtime kicks in after 40 hours per week
- You must be paid at 1.5x your regular hourly rate
Your employer cannot waive your right to overtime—even if you agreed to work extra for straight pay or no pay
Keep track of your hours. If you’re being asked to clock out and keep working, respond to messages off-the-clock, or perform tasks that go unpaid, you may have a valid unpaid overtime claim.
When to Call a New York Unpaid Overtime Lawyer
If you’re unsure how you’re classified—or if you suspect your employer is violating overtime laws—don’t wait. Unpaid wages add up fast, and so do the penalties employers face for breaking the law.
At Mizrahi Kroub LLP, our unpaid overtime lawyers have helped thousands of workers recover unpaid wages and hold employers accountable. We’ll review your role, evaluate your classification, and fight for the overtime pay you’ve earned.
With over 50 years of collective experience, 5,000+ cases resolved, and more than $1 billion recovered for clients, we have the knowledge and determination to get results.
Get Paid What You’re Owed, Reach Out Today
You’ve put in the hours. Let us help you recover what’s rightfully yours. If you believe you’ve been misclassified or denied overtime in New York, contact Mizrahi Kroub LLP today. Our team is ready to stand up for you and make sure your time and labor are respected under the law.
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