Common Overtime Violations by Industry

Some Industries Are Hotspots for Overtime Abuse

Overtime violations don’t happen evenly across the economy. Some industries are notorious for cutting corners, ignoring wage laws, and pushing workers to do more for less. Long hours, unpredictable shifts, and pressure to “be a team player” often hide the reality: employers are breaking the law.

In New York, where service jobs, healthcare facilities, and retail stores employ millions, wage theft through unpaid overtime is rampant. Certain industries depend heavily on hourly staff or salaried supervisors who are misclassified. That combination makes workers especially vulnerable. At Horn Wright, LLP, our employment law attorneys know the patterns by industry, and we use that knowledge to expose violations.

Restaurant and Hospitality Workers in New York

Restaurant and hospitality workers face some of the worst overtime abuses. From diners in Queens to hotels in Manhattan, employees are routinely pushed into long shifts with little or no overtime pay. Employers often hide behind two tactics:

• Tip credit misuse. The Fair Labor Standards Act allows a narrow tip credit toward minimum wage, but it doesn’t erase overtime obligations. Yet many restaurants still pay straight time after 40 hours, pretending tips cover the rest.
• Off-the-clock expectations. Workers are told to set tables before clocking in, roll silverware after shifts, or attend unpaid staff meetings. Both the FLSA and the New York Labor Law require all hours to be tracked and paid.

Hospitality staff, particularly in hotels, often experience “spread of hours” violations unique to New York. Under NYLL § 142-2.4, employees who work more than ten hours in a day are entitled to additional pay. Many hotels ignore this rule entirely.

For these workers, filing an overtime pay claim isn’t just about recovering money, it’s about ending a culture where free labor is expected as part of the job.

Healthcare and Nursing Industry Overtime Problems

Healthcare workers, especially nurses and aides, experience a different kind of exploitation. Hospitals and nursing homes rely heavily on understaffed shifts, leading employees to work through meal breaks or accept mandatory overtime.

Under 29 U.S.C. § 207(j), healthcare facilities may use a 14-day work period instead of a 7-day week, but overtime must still be paid for hours beyond eight in a day or 80 in two weeks. Employers often misuse this flexibility to avoid paying overtime.

New York has additional safeguards. The Nurse Coverage Act (NYLL § 167) restricts mandatory overtime for nurses except in emergencies. Yet hospitals often skirt the rule by classifying hours as “voluntary” when in reality, workers had no real choice.

This field also reveals frequent misclassification and overtime pay violations. Nurses given “supervisory” titles may be labeled exempt, even though most of their time is spent providing direct patient care, work that clearly qualifies for overtime. Identifying these violations requires careful review of schedules, job duties, and payroll practices.

Retail and Sales Overtime Violations

Retail and sales are another hotspot for overtime abuse. Workers in clothing stores, electronics shops, and chain supermarkets in New York frequently report unpaid hours. The violations take many forms:

• Assistant manager misclassification. The FLSA and NYLL § 142-2.2 allow exemption only when duties are primarily managerial. Yet retail employers routinely slap the title “assistant manager” on staff who spend most of their time stocking shelves or running cash registers.
• Commission confusion. Under the FLSA, commissions must be included in the regular rate when calculating overtime. Employers often skip this, paying only base wages.
• Shift manipulation. Workers are sent home and called back later the same day, but hours aren’t totaled correctly, reducing overtime pay.

In these cases, employer liability for overtime violations becomes obvious when records are compared against schedules. Many retail violations affect entire teams, making class actions a powerful tool for recovery.

In Maine, Certain Industries Face Weaker Worker Protections Than in New York

While New York enforces strict overtime protections, Maine applies weaker standards in several industries. For instance, Maine law has broader exemptions for seasonal employees, particularly in tourism-heavy regions. This allows hotels, restaurants, and recreational facilities to deny overtime that New York law would require.

Healthcare workers in Maine also lack the same restrictions on mandatory overtime that New York nurses have under NYLL § 167. As a result, employers in Maine can more easily push extended shifts without facing penalties.

For retail workers, Maine’s alignment with federal law means fewer protections on misclassification. New York’s higher salary thresholds prevent many abuses, but in Maine, those same workers are often classified as exempt.

The result is clear: workers in New York have a stronger legal position. That difference highlights why filing an overtime pay claim in New York often yields better remedies and higher damages.

Why Misclassification Is Rampant in Certain Fields

Misclassification cuts across industries, but some fields are hit harder than others. Hospitality, healthcare, and retail all rely on labor-intensive work that employers try to reframe as “exempt” management. It’s cheaper to hand out a title and a flat salary than to pay overtime.

The FLSA duties test requires exempt employees to spend most of their time managing others, exercising independent judgment, and making real business decisions. In practice, many so-called “managers” in restaurants or stores spend their days on cash registers, stocking shelves, or waiting tables. Those tasks don’t qualify for exemption.

New York law tightens the screws further by setting higher salary minimums for exemption. This double standard means many workers classified as exempt under federal law still qualify for overtime under state law.

For workers, understanding these rules is key to identifying overtime violations. For attorneys, it’s the foundation of a strong case that shows employers intentionally abused the exemption system.

Remedies That Apply Industry by Industry

While the laws are consistent, the remedies often reflect industry-specific practices:

• Hospitality workers may recover unpaid overtime, liquidated damages, and “spread of hours” pay under NYLL § 142-2.4.
• Healthcare workers may pursue damages for unpaid overtime, plus statutory penalties for illegal mandatory shifts under NYLL § 167.
• Retail employees can claim back wages, liquidated damages, and, in cases of record falsification, statutory penalties under NYLL § 195(3).

Across all industries, 29 U.S.C. § 216(b) authorizes back pay, liquidated damages, and attorneys’ fees. These remedies make it possible not only to recover lost wages but also to hold employers financially accountable. This is where calculating unpaid overtime damages becomes essential. The numbers add up fast when multiplied across industries with high turnover and large staffs.

Horn Wright, LLP, Understands Industry-Specific Overtime Issues

Overtime abuse doesn’t look the same everywhere. A hotel server’s stolen wages may look different from a nurse’s, but both are violations. At Horn Wright, LLP, we know the tactics employers use in each field, and we know how to fight back.

Our employment law attorneys dig into timecards, schedules, and job duties industry by industry. We challenge misclassification in retail, expose tip credit abuse in restaurants, and fight illegal overtime practices in healthcare. By tailoring our strategy to the industry, we maximize recovery for workers.

If you’re ready to work with a nationally recognized firm that understands your industry’s overtime challenges, Horn Wright, LLP, will protect your rights and recover the pay you earned.