New York City unpaid overtime lawyers Mansell Law help workers receive unpaid overtime due to misclassification, miscalculations or other mistakes.

1. NYC Employment Lawyer > NYC Unpaid Overtime Lawyer
New York City Unpaid Overtime Lawyer
Ensuring Workers Get Paid Overtime When They Earn It
An employer who requires or permits an employee to work overtime is generally required to pay
the employee premium pay for overtime hours. Unfortunately, failing to pay overtime is one of the
most common wage and hour violations that occur in New York City and nationwide. Whether
failing to pay overtime negligently or intentionally, unpaid overtime is rarely a one-time
occurrence. Your overtime pay may have been regularly miscalculated for years, or a whole
department or the entire workforce where you work might not be getting their overtime correctly.
Through individual claims and class action lawsuits, the NYC unpaid overtime lawyers at Mansell
Law help New York City employees get the overtime pay they are entitled to, plus interest,
penalties and other money damages allowable under New York law.
How is Overtime Figured?
Unless specifically exempted, employees covered by the Federal Labor Standards Act (FLSA) must
receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time
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2. and one-half their regular rates of pay. There is no limit on the number of hours employees aged
16 and older may work in any workweek, so long as they are fairly compensated.
An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven
consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any
day and at any hour of the day. Different workweeks may be established for different employees.
Averaging the number of hours worked over the course of two or more weeks is not permitted.
Generally, overtime pay earned in a particular workweek must be paid on the regular payday for
the pay period in which the wages were earned.
Unless exempted, an employee’s regular rate of pay cannot be less than the minimum wage. The
regular rate of pay includes all remuneration for employment except certain excluded payments.
Payments which are not part of the regular rate include pay for expenses incurred on the
employer’s behalf, premium payments for overtime work, true premiums paid for work on
Saturdays, Sundays, and holidays, discretionary bonuses, gifts and payments in the nature of gifts
on special occasions, and payments for occasional periods when no work is performed due to
vacation, holidays, or illness.
How Do New York Employers Violate Overtime Rules?
Common pay-related violations include, but are not limited to:
Misclassification as exempt from overtime
“Off-the-clock” work
Improper OT calculation methods
Failure to pay compensable time (travel; donning/doffing; on-call; training)
Minimum wage violations
Failure to provide true meal and rest breaks
Vacation forfeitures
Improper wage deductions / “charge backs”
Failure to reimburse employees for expenses / uniforms
Improper classification as an independent contractor
Who Is Exempt From Overtime in New York?
Most employees are covered by overtime rules under the FLSA and New York labor law. However,
some exceptions do exist. The following workers are exempt from the requirement to receive
overtime pay:
Executive, administrative and professional employees (the white-collar exemptions)

3. Outside salespeople
Individuals working for a federal, state, or municipal government
Farm laborers
Certain volunteers, interns and apprentices
Taxicab drivers
Members of religious orders
Certain individuals working for religious or charitable institutions
Camp counselors
Individuals working for a fraternity, sorority, student or faculty association
Part-time baby sitters
Except for the occupations listed above, all employees in New York are covered by the state’s
overtime law. An “employee” under New York Labor Law is “any individual employed or permitted
to work by an employer in any occupation,” excepting those listed above. Also, government
employers do not have to pay overtime, but overtime does cover charter schools, private schools,
not-for-profit corporations and non-teachers working for school districts.
When workers are exempt from overtime under FLSA but covered under New York’s overtime
rules, they receive overtime at one and a half times the applicable New York minimum wage,
rather than one and a half times their regular rate of pay as required under the FLSA. However,
these employees could receive overtime at a higher rate by agreement with their employer or
through their employment contract.
Have You Been Denied Overtime in New York City? Call Mansell Law for Help.
If you believe that you have not been receiving overtime pay that you are entitled to, call Mansell
Law at 646-921-8900 for a free consultation with a team of skilled and knowledgeable New York
employment lawyers. You can recover back unpaid wages, but only for a certain number of years,
and then they are gone forever. So act now by calling our law firm for your free, initial consultation.
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