New York Overtime & Wage Hour Attorneys
Representing Employees Throughout New York
If you are an employee who wants to take legal action against your employer for an overtime and wage hour violation, Attorney Mahir Nisar can use his vast experience as a litigator to protect and uphold your interests. With a 10.0 “Superb” Avvo Rating and multiple selections to Super Lawyers® Rising Stars™, he has proven himself as a legal professional who can manage the most complex and legally sensitive cases, against both small businesses and large corporations.
Tell our law firm about your overtime and wage hour case issue today by calling (212) 600-9534 or using an online contact form.
What Is an Overtime & Wage Hour Case?
Every official employee should be hired on following the regulations of some sort of employment contract, in which it will entail how much compensation that employee earns for their services and work. Any deviation from this established hourly rate or salary amount can be considered an employment law violation and trigger a wage hour case.
In New York, any non-exempt employee has the right to earn overtime (OT) if they work for more than 40 hours in any given workweek. When working overtime, an employee is entitled to at least 150% of their regular pay for each hour worked.
Exempt employees that likely do not earn overtime include:
- Any employee who can earn commissions through sales
- Workers who regularly use computers in the workplace and earn $27.63 an hour or more
- Many professional drivers, freight loaders, and some mechanics
- Agricultural workers and farmers
- Business executives and administrators
- Professional contractors
Company heads, members of management, and other supervisors should review employee records at least once a year to ensure non-exempt employees are being paid overtime when appropriate.
As an employee in the state of New York, you are protected by a number of various laws, rules, and regulations. The most fundamental right you have as a working citizen is to receive fair wages and hours based on the work you do. If you have reason to believe your employer has taken advantage of this right, we strongly urge you to contact our firm today.
Legal Counsel You Can Count On
Let our New York employment lawyer handle your case to explore and comprehend all of your options. If you’re an employee whose rights were violated in a wage hour case, we will thoroughly investigate your claim and protect your best interests. We genuinely want to help our clients through the process with as little stress as possible.
Employees can call (212) 600-9534 for trusted legal counsel and representation.
Why We're the Right Choice
- Seasoned Litigators Who Have Handled Numerous Jury & Bench Trials
- Providing Representation with Clarity, Honesty & Integrity
- Building Long-Term Affiliations & Relationships
- Offering Consultations for All Case Types We Handle
Frequently Asked Questions About: Overtime and Wage & Hour Cases
If your boss isn’t paying overtime you’re legally entitled to, you have several options. First, document all unpaid overtime hours with dates and times worked. You can file a complaint with the Department of Labor’s Wage and Hour Division, which will investigate and potentially recover your unpaid wages. You can also file a lawsuit under the Fair Labor Standards Act (FLSA) to recover back pay, liquidated damages (equal to your unpaid wages), and attorney’s fees. The key is acting quickly – you generally have two years to file a claim, or three years if the violation was willful.
Yes, under the Fair Labor Standards Act, most employers must pay overtime at time-and-a-half (1.5 times your regular rate) for all hours worked over 40 in a workweek. This applies to non-exempt employees regardless of whether you’re paid hourly or salary. However, certain employees are exempt from overtime requirements, including some executives, administrators, professionals, and outside sales workers who meet specific salary and duties tests. The exemptions are narrow, so many employees who think they’re exempt actually qualify for overtime pay.
You can report unpaid overtime to the Department of Labor’s Wage and Hour Division by filing a complaint online, calling their helpline, or visiting a local office. You can also file complaints with your state’s labor department, which may have stronger protections than federal law. Additionally, you can file a private lawsuit in federal or state court. Many employment attorneys handle wage and hour cases on contingency, meaning you don’t pay unless you win. It’s often beneficial to consult with an attorney before deciding which route to take.
Under federal law, non-exempt employees must receive overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek. The workweek is seven consecutive 24-hour periods and doesn’t have to follow the calendar week. Overtime is calculated weekly – you can’t average hours across multiple weeks. All time worked counts toward the 40-hour threshold, including time spent in training, travel, or other work-related activities. Some states have daily overtime rules (like California’s requirement for overtime after 8 hours in a day) that provide additional protections.
In most cases, yes – your boss can require overtime and fire you for refusing, unless you have a contract or union agreement that says otherwise. However, there are important exceptions: your employer cannot retaliate against you for filing wage and hour complaints, and they must accommodate religious observances and disabilities when possible. Some states have laws limiting mandatory overtime in certain industries like healthcare. While refusing overtime can be grounds for termination, your employer still must pay you overtime rates for any hours over 40 that you do work.
The most common violations include misclassifying employees as exempt to avoid paying overtime, not paying for all time worked (like prep time, cleanup, or mandatory meetings), requiring employees to work “off the clock,” not paying proper overtime rates, making illegal deductions from paychecks, and failing to pay minimum wage. Employee misclassification is particularly common – many employers incorrectly classify workers as independent contractors or exempt employees to avoid overtime obligations. These violations are heavily litigated because they often affect multiple employees and can result in significant back pay awards.
The two main rules are: (1) Overtime must be paid at 1.5 times the employee’s “regular rate” of pay, which includes not just hourly wages but also certain bonuses and commissions, and (2) Overtime is calculated based on a fixed workweek of seven consecutive 24-hour periods – you cannot average hours across multiple weeks to avoid overtime. For example, if you work 50 hours one week and 30 hours the next, you’re entitled to 10 hours of overtime for the first week, even though your two-week average is only 40 hours per week.
Common examples include paying employees straight time instead of overtime for hours over 40, making employees work through unpaid lunch breaks, not paying for required training or meetings, deducting uniform costs that bring wages below minimum wage, or misclassifying employees as independent contractors to avoid wage obligations. Another frequent violation is requiring employees to arrive early for prep work or stay late for cleanup without pay. Employers sometimes manipulate time records or require “off the clock” work to avoid overtime payments.
Wage and hour disputes are conflicts between employers and employees over proper payment for work performed. These disputes typically involve claims for unpaid overtime, minimum wage violations, missed meal or rest breaks, improper deductions from paychecks, misclassification of employees as exempt or independent contractors, and retaliation for wage complaints. These cases can be filed individually or as class actions when multiple employees face similar violations. The FLSA and state wage laws provide remedies including back pay, liquidated damages, and attorney’s fees.
Under the FLSA, individual managers and owners can be held personally liable for wage violations if they have operational control over the employees or company. This means corporate officers, managers with hiring/firing authority, and business owners may have to pay damages from their personal assets, not just company funds. The law defines “employer” broadly to include anyone who “acts directly or indirectly in the interest of an employer.” This personal liability provision helps ensure employees can recover unpaid wages even if the company goes out of business or declares bankruptcy.
