Overtime Settlements & Compensation

Getting Paid Back for Every Hour You Worked

Working long hours is part of life for many New Yorkers. But when the paycheck doesn’t reflect the hours you’ve given, frustration builds quickly. That’s not just unfair — it’s illegal. Employers who benefit from unpaid labor are required by law to pay workers every dollar they’ve earned, including overtime.

Overtime violations often fly under the radar. Some employers count on workers being too exhausted, too intimidated, or too confused about the law to push back. But once the issue comes to light, you may be entitled to significant back pay and other compensation. At Horn Wright, LLP, our employment law attorneys have helped countless workers recover unpaid wages and secure justice for the overtime they were denied.

Types of Compensation Available in New York Overtime Cases

When employees bring overtime claims in New York, several forms of compensation are on the table. It’s not just about the missing wages, the law recognizes the full impact of wage theft.

• Unpaid overtime wages. This is the core of every case. New York follows the federal Fair Labor Standards Act (FLSA) and state overtime laws, requiring 1.5 times the regular rate for hours worked over 40 per week.
• Liquidated damages. Courts often award an additional amount equal to the unpaid wages, essentially doubling the compensation. This penalty exists to punish employers who disregard wage laws.
• Attorneys’ fees and costs. If you win, your employer may also be required to pay your legal costs, making it easier for workers to bring claims without worrying about upfront expenses.

Together, these remedies ensure that employees don’t just get the missing wages but also receive recognition of the harm caused by the employer’s unlawful practices.

Calculating Lost Wages and Unpaid Overtime

One of the biggest hurdles is figuring out exactly how much is owed. Employers sometimes keep poor records or intentionally misclassify employees as exempt to dodge overtime pay. But the absence of clean paperwork doesn’t erase the debt.

Lawyers use multiple methods to reconstruct hours: pay stubs, work schedules, timecards, and even phone records or text messages showing late-night work. In restaurant and retail cases, tip sheets and scheduling software often serve as critical proof. The calculation isn’t just mathematical, it’s about building a credible picture of how often and how long you worked without proper pay.

Once the hours are established, the math becomes powerful. Missing five overtime hours per week might not seem like much at first, but over years it can add up to tens of thousands of dollars. Courts understand this and award damages accordingly.

When Punitive Damages May Apply

Punitive damages aren’t available in every overtime case, but when employers act with blatant disregard, courts sometimes go further. Punitive damages are meant to punish especially bad behavior and send a message to other employers.

Examples include falsifying records, threatening workers who complain, or engaging in systematic wage theft across an entire department. In hospital and warehouse settings, we’ve seen cases where employers consistently shaved hours off timesheets or forced employees to work “off the clock.” Those patterns open the door for punitive awards.

The availability of punitive damages varies by case, but when awarded, they significantly increase total compensation and deter future misconduct.

Vermont Courts Cap Certain Damages That New York Allows

Not every state treats wage theft the same way. Vermont, for example, has limits on certain types of damages that New York law permits. Vermont courts are more cautious in awarding liquidated damages, and punitive awards are rarer.

In New York, the law is more expansive. Workers can claim back pay, liquidated damages, attorneys’ fees, and in some cases, punitive damages. This stronger framework reflects New York’s commitment to protecting employees from exploitation. For workers with connections to both states, filing in New York often means access to a broader and more meaningful recovery.

How Settlement Negotiations Work

Most overtime cases resolve through settlement rather than trial. Settlements allow workers to recover compensation without the stress and delay of a full courtroom battle. The process usually unfolds in stages:

• Initial demand. Your attorney calculates what you’re owed and sends a demand letter to the employer.
• Employer’s response. Some employers settle quickly once confronted. Others push back, forcing negotiations.
• Mediation or conferences. Courts sometimes schedule settlement discussions where both sides present evidence and try to reach agreement.

Survivors of wage theft often feel frustrated by negotiations, but they play a critical role. Skilled attorneys use the process to maximize compensation, highlight the risks employers face at trial, and secure terms that protect workers moving forward.

Why Trials Sometimes Lead to Higher Awards

While settlements are common, some cases must go to trial. Employers may deny wrongdoing, dispute hours worked, or refuse to negotiate in good faith. Trials carry risk, but they also bring opportunity.

Juries often react strongly to evidence of systematic wage theft. When workers testify about unpaid hours and sacrifices, juries see the injustice clearly. This can lead to higher awards than those offered in settlement. Courts may also impose liquidated or punitive damages after trial, increasing compensation further.

Trials also create public accountability. Employers don’t just pay, they face the reputational cost of being labeled wage thieves. For some workers, that acknowledgment is as important as the money itself.

Horn Wright, LLP, Pursues Maximum Compensation for Overtime Victims

Unpaid overtime is more than a paycheck issue. It’s about respect for the time and effort you gave your employer. At Horn Wright, LLP, we don’t stop at recovering wages. We push for every available remedy, liquidated damages, attorneys’ fees, punitive awards when appropriate, to make sure justice is complete.

Our employment law attorneys know how employers try to downplay overtime claims. They call missing hours “minor.” They misclassify workers as exempt. They pretend records don’t exist. We know those defenses, and we dismantle them.

If you’re ready to work with a nationally recognized firm that fights for every hour you worked, Horn Wright, LLP, will pursue maximum compensation and make sure your overtime claim is taken seriously.