Employer Responsibilities Under Overtime Laws

Employers Have a Duty to Pay Fairly

Employers don’t just hand out paychecks, they carry legal responsibilities. One of the most important is ensuring that workers are paid fairly for every hour worked, including overtime. Too often, though, companies treat overtime pay as optional. They find ways to stretch hours, reclassify jobs, or convince employees that their extra time is part of the “team effort.”

But fairness in pay isn’t negotiable. Overtime rules exist to protect workers from exploitation, and when employers ignore those duties, it’s wage theft. At Horn Wright, LLP, our employment law attorneys remind employers that responsibility isn’t a choice, it’s the law.

New York Overtime Laws Explained

New York has some of the strongest wage and hour protections in the country. Under the New York Labor Law (NYLL) § 142-2.2, most employees must receive overtime pay at one-and-a-half times their regular rate for any hours worked beyond 40 in a week.

Unlike the federal baseline, New York also sets higher salary thresholds for exempt employees. For example, in New York City, Westchester, and Long Island, the salary threshold is higher than in other regions of the state. Employees who earn below those levels must receive overtime, no matter their job title.

The state also regulates tipped workers under NYLL § 196-d, making clear that tips belong to employees and can’t be used to cover overtime obligations. These rules frequently expose misclassification and overtime pay violations, where employers wrongly label staff as exempt managers or misuse tip credits to cut costs.

Federal Requirements Under the FLSA

The Fair Labor Standards Act (FLSA) provides the national baseline. It requires non-exempt employees to be paid overtime at one-and-a-half times their regular rate for hours worked beyond 40 in a workweek. Exemptions exist for executive, administrative, and professional roles, but they require both a duties test and a minimum salary threshold.

As of 2025, the federal salary threshold remains lower than New York’s, which is why New York law often gives workers broader rights. Still, the FLSA is critical in holding employers accountable nationwide. It also requires employers to keep accurate records of hours and wages. Failure to maintain these records can shift the burden of proof to employers in court.

For workers, this matters because many violations begin with identifying overtime violations in recordkeeping. Employers who fail to document hours properly can’t rely on exemptions or excuses when challenged. The law is clear: no records, no defense.

How Employers Often Fail to Meet Their Obligations

Despite clear laws, employers frequently find ways to sidestep their responsibilities. Some of the most common failures include:

• Misclassification. Labeling employees as exempt managers or professionals when their actual duties don’t qualify.
• Off-the-clock work. Asking employees to prepare, clean, or check emails outside of paid hours.
• Straight-time for overtime. Paying a flat rate or salary regardless of how many hours are worked.
• Improper use of tip credits. Reducing base wages without meeting strict state requirements.

Each of these failures ties directly to employer liability for overtime violations. Courts in both New York and federal jurisdictions have ruled that intent doesn’t matter, employers are responsible whether the violation was deliberate or careless. And when employers retaliate against workers for speaking up, they face additional penalties under both the FLSA and NYLL.

Maine Holds Employers to Lower Overtime Standards Than New York

Not every state sets the same high bar. Maine, for example, aligns more closely with the federal FLSA. While it has its own wage and hour laws, its salary thresholds for exemption are lower, and its protections for tipped employees are not as robust as New York’s.

This difference gives Maine employers more leeway in classifying workers as exempt, while New York courts apply stricter scrutiny. For employees, the location of their workplace can mean the difference between recovering years of unpaid overtime or walking away with nothing. That’s why workers in New York are often in a stronger position when filing an overtime pay claim, whether individually or as part of a group action.

Remedies When Employers Fail in Their Duty

When employers don’t meet their responsibilities, the law provides meaningful remedies for workers:

• Back pay. Courts award unpaid overtime wages, often covering several years.
• Liquidated damages. Under both the FLSA and NYLL, workers can recover an additional equal amount, doubling their compensation.
• Attorneys’ fees and costs. Workers don’t bear the financial burden of enforcing their rights; employers may have to cover these expenses.
• Reinstatement or promotion. In cases involving retaliation, employees may also be reinstated or made whole for lost career opportunities.

These remedies make it clear that ignoring overtime obligations can be costly. Employers who think they’re saving money often end up paying far more. This is where calculating unpaid overtime damages becomes critical. Attorneys reconstruct schedules, analyze payroll records, and use testimony to show the full scope of what workers are owed.

Why Employer Responsibilities Protect Every Worker

Overtime laws aren’t just about money. They’re about protecting workers from burnout, exploitation, and the unfair expectation that loyalty means free labor. Employers who follow the law create fairer, safer workplaces where employees know their time is respected.

When employers fail, the consequences ripple out. Workers lose wages, families lose income, and industries normalize exploitation. Holding employers to their responsibilities protects not only the individual worker but every employee in the workplace. That’s why accountability matters, it raises the standard for everyone.

Horn Wright, LLP, Holds Employers Accountable for Their Duties

Employers like to pretend that overtime laws are complicated. They aren’t. The duty is simple: pay fairly, record hours honestly, and respect workers’ time. At Horn Wright, LLP, we enforce those responsibilities.

Our employment law attorneys uncover violations, challenge false exemptions, and recover every dollar of unpaid wages. We know that behind every case is a worker who gave time, energy, and loyalty — and deserves pay in return. When employers cut corners, we make sure accountability follows.

If you’re ready to work with a nationally recognized firm that holds employers accountable, Horn Wright, LLP, will fight for your wages and your rights.