Fair Labor Standards Act & Overtime

The Federal Law That Protects Worker Pay

Most people think of overtime as a matter of workplace policy, but the truth is bigger than that. Overtime is a right created by law, and at the federal level, that law is the Fair Labor Standards Act, the FLSA. It’s been on the books since 1938, and while times have changed, its core promise hasn’t: if you put in extra hours, you deserve extra pay.

For millions of workers, the FLSA is the reason they’re not stuck in 60-hour workweeks for the same pay. It’s why employers must keep records and why overtime rates can’t be ignored. Yet, despite its clear rules, violations happen every day. At Horn Wright, LLP, our employment law attorneys often see employers hoping workers won’t know the difference. That’s when the FLSA becomes more than just a law, it becomes the foundation for justice.

How the FLSA Applies in New York

New York employees get the protection of two layers of law: the FLSA, which covers the entire country, and the New York Labor Law (NYLL), which goes further. The FLSA requires overtime pay after 40 hours in a workweek, but New York’s standards are often stricter, especially around exemptions.

For example, New York sets higher salary thresholds than the federal government for determining whether someone is exempt. A supervisor earning below that threshold in New York City may still be entitled to overtime, even if federal law alone would not cover them. That difference has a real impact for retail staff, restaurant managers, and countless other workers who are often misclassified.

This is where misclassification and overtime pay violations most often appear. Employers rely on titles like “assistant manager” to deny overtime, hoping the label is enough. Under both federal and New York law, it isn’t. The law asks: what did the employee actually do?

Key Overtime Provisions Workers Should Know

The FLSA’s overtime rules aren’t complicated, but employers often gamble that workers won’t know them. Some of the most important provisions include:

• Over 40 hours equals overtime. Any non-exempt worker who crosses that threshold must be paid time and a half, no exceptions.
• Regular rate includes extras. Overtime isn’t based only on your base wage. It must include commissions, bonuses, and shift differentials.
• Exemptions are limited. To qualify, jobs must pass a duties test and meet salary minimums. Most hourly jobs don’t.
• Accurate records are required. If employers fail to track hours, they can’t later argue against a worker’s testimony.

These rules matter because they give employees a framework for identifying overtime violations. When a paycheck shows the same flat amount despite long hours, when commissions aren’t factored into overtime, or when someone is called “exempt” without meeting the test, those are violations the FLSA was written to prevent.

How the FLSA and New York State Laws Interact

Some employees wonder: if there are two sets of laws, which one controls? The answer is simple. Workers get the benefit of whichever law is stronger. Courts don’t force employees to accept weaker protections just because they exist.

So, in New York, the FLSA provides the floor and the NYLL builds the ceiling higher. A worker might use the FLSA for its remedies while also relying on New York law for its stricter exemption rules. Lawyers often file claims under both statutes, ensuring no opportunity for recovery is missed.

This interplay also makes employer liability for overtime violations harder to escape. A company can’t claim it followed federal law if it failed state law, or vice versa. Compliance is required on both fronts, and when cases are brought to court, judges consider the totality of those protections.

In Vermont, Federal Standards Provide Weaker Protection Than New York State Law

Contrast that with Vermont, where workers often have to rely primarily on federal standards. Vermont law does provide for overtime, but its thresholds and exemptions are far closer to the federal minimum. That means employees in Vermont can find themselves without the additional protections that New York workers enjoy.

For example, Vermont does not require the higher salary minimums that New York does, so more employees are swept into the “exempt” category. For tipped workers, federal rules apply more heavily, which allows employers more leeway than New York’s strict NYLL § 196-d, which protects tips and bars them from being used to satisfy wage obligations.

The difference is stark. Workers in New York often recover wages that their Vermont counterparts might lose entirely. It’s why filing an overtime pay claim in New York has higher odds of success and typically larger settlements or awards.

Remedies Under the FLSA for Workers

The FLSA isn’t just a set of promises — it comes with teeth. Workers who win claims under the Act can recover significant remedies:

• Back pay. Courts award the overtime wages that should have been paid, covering up to two years — or three years if the violation was willful.
• Liquidated damages. Workers often receive an equal amount on top of back pay, effectively doubling the recovery.
• Legal fees. Employers, not employees, usually bear the cost of attorneys when they lose.
• Court orders. Judges can order employers to change their practices so future violations don’t occur.

These remedies are why employers fear the FLSA. A few years of unpaid overtime, multiplied across dozens of workers, quickly snowballs into hundreds of thousands of dollars. Add in liquidated damages and legal fees, and the savings employers thought they had disappear. That’s why calculating unpaid overtime damages is critical, it turns every ignored hour into a real number with legal weight.

Why Knowing the FLSA Protects You in Court

Knowledge alone doesn’t win cases, but it arms workers with confidence. Employees who understand the basics of the FLSA know when something doesn’t add up: a paycheck that doesn’t change despite long weeks, a title that sounds impressive but hides routine labor, a manager who insists “you agreed to a salary.”

In court, that awareness matters. Judges don’t expect workers to recite statutes, but they respect employees who can explain their experiences in light of the law. It shows credibility and reinforces the attorney’s arguments.

The FLSA is more than technical text. It’s the law that draws the line between fair pay and exploitation. Knowing how it works doesn’t just protect you from abuse, it strengthens your ability to fight back when abuse happens.

Horn Wright, LLP, Uses Federal Law to Support Wage Claims

The FLSA is a shield, but like any tool, it only works if used correctly. At Horn Wright, LLP, we use the FLSA strategically, combining it with New York’s stronger rules to maximize what workers can recover.

Our employment law attorneys uncover misclassification, challenge weak defenses, and calculate damages that reflect the true cost of stolen time. We don’t let employers hide behind titles or confuse workers about their rights. By blending federal and state law, we make sure claims are airtight and employers are held accountable.

If you’re ready to work with a nationally recognized firm that knows how to wield federal law for workers, Horn Wright, LLP, will use the FLSA to strengthen your case and recover the pay you deserve.