NY Lawyers Recover Unpaid Overtime for Employees

By Leeds Brown Law | February 2, 2017

Overtime Lawyers Recover Wages for New York Workers

If you work in New York City, on Long Island or elsewhere in the metropolitan area, chances are you should be getting overtime pay. If you aren’t, consider contacting unpaid overtime attorneys at Leeds Brown for a free consultation. Our wage and hour lawyers have spent decades recovering money for workers and holding employers accountable when they violate one of the many regulations. We are not afraid to stand up to small businesses or large enterprises, and advocate for what is right. We can help you understand how overtime laws apply to you and guide you toward a fair resolution of your unpaid wage claim.

Overtime is Time-and-a-Half

Under various New York State Wage Orders and the Fair Labor Standards Act (FLSA), overtime pay means that qualified employees receive one and a half times their regular rate of pay for all hours worked over 40 in a workweek.

Federal and State rules vary in some respects, and where State rules provide more protection and coverage, it is the state laws that govern. In other words, if an employee is not entitled to receive overtime under the federal legislation but is under state law, the employee must be paid overtime wages.

Qualified Employees are Automatically Entitled to Receive Overtime

Employers routinely try to fit workers into one of the few exemptions from overtime to avoid the extra costs. However, some employees are automatically entitled to overtime pay regardless of how hard businesses try to make them exempt. They include:

  • Police officers
  • Park rangers
  • Paramedics
  • Probation officers
  • Firefighters
  • First responders

Employers may also not classify blue-collar workers as exempt. Blue-collar employees are those who “perform repetitive operations with their hands, physical skill, and energy.” This category includes non-management employees in the following fields no matter how high their salaries are:

  • Plumbers
  • Mechanics
  • Carpenters
  • Construction workers
  • Electricians
  • Maintenance workers
  • Craftsmen

Some Employees are Exempt from Overtime

Under both the FLSA and New York State Labor Law, certain employees are not entitled to receive overtime pay, regardless of the number of hours they work. If an employee falls into one of the following categories, an employer may not be required to pay overtime wages;

  • Taxi drivers
  • Camp counselors
  • Farm laborers
  • Some government employees
  • Outside salespersons
  • Volunteers
  • Some apprentices
  • Part-time babysitters
  • Employees for a sorority, fraternity, student or faculty association
  • Some employees of religious or charitable institutions

Most of these categories require little interpretation. However, there are also exemptions for administrative, executive and professional employees that are at the heart of most litigation surrounding unpaid overtime. Employers regularly try to classify employees as exempt by giving them job titles or descriptions that would, on the surface, indicate they are not entitled to receive overtime. Over the years, tests have evolved that determine if a particular employee is truly an executive, administrator or professional, and therefore, exempt from overtime pay. To truly be ineligible for overtime, an employee must earn above a certain salary and perform specific duties.

Some people believe that just because you earn a salary instead of an hourly wage, you are not legally entitled to overtime. This is simply not true. You must earn above the statutory salary and pass the duties test, to be exempt.

The duties test can be complicated. This test looks at the primary job duties of the individual. The job title and job description are not relevant. If you have the title of an administrator, but you spend most of your day performing manual labor unrelated to the central operations of the business, you are likely not a valid administrative employee and should, therefore, receive overtime pay. If your job title is that of an executive, but you exercise no discretion and have no direct reports, you may be entitled to overtime.

Contact Us

Determining whether your employer owes you overtime is not always easy. With the laws changing on a regular basis and businesses often looking to cut costs, the time is ripe for violations to occur, and they frequently do.

If you are not getting paid for time that you work more than 40 hours per workweek, your employer may owe you unpaid wages. You can be a salaried employee and still be entitled to overtime pay. Your job description or salary alone are not enough to know for sure if you are eligible to receive a premium for your hard work.

You are a hard working employee who deserves fair compensation by law. When an employer violates your right to fair wages, you are entitled to file a claim to recover them. Attorneys at Leeds Brown assist you to proceed with an unpaid wage case and aggressively advocate to obtain a positive result. Our experienced legal professionals understand what it takes to win an unpaid overtime claim in New York City and the surrounding areas. We can help you collect the wages that you work so hard to earn.

Give Leeds Brown a call 24/7 and learn more about filing an unpaid overtime claim. 1-800-585-4658.



Free Consultation


Shortly after beginning medical school, I experienced some academic difficulties. After seeing my physicians, I was diagnosed with ADHD. After I started receiving specific treatment for ADHD, I requested the school to accommodate me for the disability as recommended by my physician. One of the requests made was for extended time to take my exams. The extension of time was granted...

~Kenneth Broodo, Esq.

Partner at Gardere Wynne Sewell LLP
I hired Lenard Leeds, Esq. to assist me with my wrongful termination. I was let go of my position because of my age. I was not only told to take a decrease in pay but also required to work fewer hours to do the same job. Additionally, they kept asking me “When are you going to retire?” I visited the...


I want to thank you again for assisting me in overseeing my issues with my employer. This is the second time I have used Lenard Leeds, Esq. to fight for me. This time I was a National Sales Manager of a drug company, where acts of discrimination based on my age, national origin and retaliation took place. Mr. Leeds and...

~Law Professor

Discrimination Case

$19 Million

Settlement Secured in a National Origin
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


One Old Country Road, Suite 347 Carle Place, NY 11514


get directions


101 Greenwich Street, 22nd Floor New York, NY 10006


get directions
Call Now!