We represent hourly and salaried employees across Manhattan and New York City against employers who bank on you never checking the math.
The first review is free, and there is no fee unless we recover your wages.
Call +1 (212) 595-6200 to find out what your unpaid hours are worth.
Can I sue my employer for unpaid overtime in New York?
Yes. If your employer failed to pay you properly for overtime, you can file a claim and recover those wages. Both New York and federal law require overtime at 1.5 times your regular hourly rate for every hour worked over 40 in a week.
That rule comes from the federal Fair Labor Standards Act (FLSA), the law that sets the national floor for overtime, plus the New York Labor Law (NYLL), which often gives workers here even more. You can see the federal standard on the U.S. Department of Labor's overtime page. You do not have to quit your job to file, and the law makes it illegal for your employer to punish you for asking.
Bottom line: unpaid overtime is not a gray area. It is a wage your employer already owes you.
How do I know if I'm actually owed overtime?
Start with two questions: do you work more than 40 hours in some weeks, and are you paid 1.5 times your rate for those extra hours? If the answer is "yes" and "no," there is a good chance you are owed money.
The trickier issue is whether you are "exempt." Exempt means legally excluded from overtime, and employers love to stretch that label to avoid paying. Being called a manager or being handed a salary does not automatically make you exempt. What matters is your actual job duties and how you are paid, not the title on your business card.
The Department of Labor breaks down these categories in Fact Sheet #23 on overtime pay.
| Usually owed overtime (non-exempt) |
Often wrongly denied it |
| Hourly workers over 40 hours/week |
Salaried staff with routine duties |
| Assistant "managers" who mostly do line work |
Workers mislabeled as contractors |
| Retail, food service, warehouse, care staff |
Employees paid a flat weekly rate |
| Anyone told to clock out and keep working |
"Comp time" instead of overtime pay |
If your role shows up on the right side of that table, it is worth a closer look.
The salary myth: being paid a salary does not cancel overtime
A salary changes how you are paid, not whether you qualify for overtime. This single misunderstanding costs New York workers a lot of money every year, because employers rely on it.
To be legally exempt as a salaried employee, you generally must earn above a set weekly threshold and perform specific higher-level duties, such as genuine management or independent professional work. If you earn a salary but spend your days on routine tasks, or you supervise no one, you may still be entitled to overtime. The label is not the law, and many workers who haven't been paid overtime in New York don't realize their salary alone doesn't disqualify them.
Not sure which side of the line you fall on? A short call sorts it out. Reach us at +1 (212) 595-6200.
How much unpaid overtime can I recover?
Often more than the raw hours suggest, because the law adds penalties on top. A typical claim can include your back wages plus an equal amount in liquidated damages, which is a penalty meant to punish employers for withholding pay.
You can also usually recover interest and attorney fees. The lookback period matters too: federal law generally reaches back two years, or three for willful violations, while New York's Labor Law generally allows up to six years. New York's longer window is one reason filing under state law can mean a bigger recovery. You can review the state's wage rules on the New York Department of Labor's wage and hour page.
A free case review will estimate your number. Call +1 (212) 595-6200.
Common ways New York employers shave overtime
Wage theft is usually quiet, not dramatic. It rarely looks like a missing paycheck. It looks like small, repeated shortfalls that add up over months.
The patterns we see most often include telling workers to clock out and finish "off the clock," averaging hours across two weeks to erase overtime, misclassifying employees as independent contractors, calling routine workers "managers," and offering "comp time" instead of the overtime pay the law requires. If any of these sound like your workplace, the paper trail usually tells the story better than your employer would like.
Related wage and termination issues
Wage problems often travel with other violations, and it helps to handle them together. What starts as a pay dispute sometimes turns into something bigger once you speak up.
If you were let go after raising a pay issue, know that unpaid wages are sometimes accompanied by retaliatory termination, which is a separate and serious claim. Time-off disputes can also overlap with unpaid leave under the FMLA. Everything here falls under broader New York employment law that our team manages as one case, not several.
Why New York workers choose Mizrahi Kroub
We treat unpaid wage cases as recovery projects: figure out what you are owed, prove it, and collect it. From the first call, you get a real read on the size of your claim.
Mizrahi Kroub is a plaintiff-side firm that takes on large employers. Our attorneys have recovered over $1 billion for clients, hold more than 50 years of combined experience, and carry 100+ five-star Google reviews. We work on contingency, so there is no cost to you unless we win.
See what your hours add up to. Call +1 (212) 595-6200 or use our contact form.
How is overtime pay calculated in New York?
Overtime is 1.5 times your regular rate for every hour past 40 in a workweek. The catch is that your "regular rate" is often higher than your base wage, which means your overtime is worth more than you think.
Your regular rate can include more than your hourly pay. Nondiscretionary bonuses, shift differentials, and some commissions get folded in, which raises the rate your overtime is based on.
Here is a simple example. Say your base pay is $20 an hour and you work 50 hours in a week. The 10 extra hours are owed at $30 an hour, which is $300 in overtime for that week alone. Multiply that across months of unpaid weeks and the total climbs fast.
If you are salaried but not exempt, the math still works. Your weekly salary is converted to an hourly rate, and hours over 40 are owed at time-and-a-half from there.
What if my whole team is being underpaid?
When an employer shorts one worker on overtime, they are usually shorting many. Payroll shortcuts are rarely aimed at a single person, which is why one paycheck problem often points to a company-wide practice.
New York and federal law let employees join together in a collective or class action to recover as a group. There is real strength in numbers here. A group claim can be harder for an employer to brush off, and it spreads the effort across coworkers instead of resting on you alone. Mizrahi Kroub has handled large class actions against major employers, so we can tell you quickly whether your situation is bigger than your own paycheck.
Think this is happening across your workplace? Call +1 (212) 595-6200 and we will look at the pattern.
Ask Mizrahi Kroub
These are the questions New Yorkers search before they pick up the phone. Short answers below, straight from how we handle these cases.
Q: How much does an unpaid overtime lawyer cost in NYC?
A: Nothing upfront for most wage cases. Mizrahi Kroub works on contingency, so you pay no attorney fee unless we recover your wages, and in many overtime claims the law makes the employer cover your legal fees on top of your back pay. Your first case review is free.
Q: How long does it take to get paid for unpaid overtime?
A: It varies. Some claims resolve in a few months through a demand or settlement, while contested cases can take longer. A lawyer can give you a realistic timeline once they see how strong the records are and how the employer tends to respond.
Q: Can I be fired for filing an overtime claim in New York?
A: It is illegal for your employer to fire, demote, or punish you for claiming overtime you are owed. If they do it anyway, that retaliation becomes a second claim you can pursue, often with additional damages. Keep records of any change in treatment after you speak up.
Q: Do I need my pay stubs to file an overtime claim?
A: They help, but they are not required. When employers keep sloppy or missing records, the law often shifts the burden to them, and your own notes, texts, schedules, or coworker accounts can support your case. Bring whatever you have and a lawyer will work from there.
Frequently asked questions
I'm labeled an independent contractor. Can I still be owed overtime?
Possibly, yes. Employers sometimes call workers "contractors" to dodge overtime, but the law looks at how you actually work, not the label. If your employer controls your schedule and duties like an employee's, you may be misclassified and owed pay.
I answer calls, texts, and emails after my shift. Does that count?
It can. Work done off the clock, including after-hours messages and prep, generally counts toward your hours. If that pushes you past 40 in a week, those minutes may be owed at the overtime rate.
I earn tips or commission. Do overtime rules still apply?
Usually, yes. Tipped and commissioned employees are often still entitled to overtime, and the math can get complicated in ways that hide underpayment. These are exactly the cases where a review pays off.
I already quit that job. Is it too late to claim unpaid overtime?
Probably not. You can pursue unpaid overtime after leaving, as long as you file within the lookback period, which reaches back several years in New York. Leaving the job does not erase wages the employer already owed you.
My employer offered me "comp time" instead of overtime pay. Is that legal?
For most private employers, no. Swapping paid overtime for future time off, often called comp time, is generally not allowed in the private sector. If you worked more than 40 hours, you are usually owed the money, not a promise of hours off later.
Do I still get paid if I worked overtime without approval?
Usually, yes. If your employer knew, or should have known, that you were putting in the hours, they generally have to pay for them, even if no one signed off first. A workplace rule against unapproved overtime does not erase the wage you already earned. At most, the employer can discipline the rule separately, but they cannot use it to keep your pay.
Find out what you are owed
If you have been working extra hours for free, that is not loyalty, it is lost pay. The math is usually simpler than employers want you to believe, and the deadline to collect is not forever.
Call Mizrahi Kroub LLP at +1 (212) 595-6200 for a free, no-pressure case review, or send your details through our contact form and we will run the numbers with you.
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