Overtime Violations FAQs

The Answers Workers Need About Overtime Pay

If you’ve ever wondered whether your paycheck actually reflects the hours you worked, you’re not alone. Overtime laws are supposed to make that simple: over 40 hours a week means extra pay. Yet, workers across New York regularly come to us confused, frustrated, and underpaid. Employers often take advantage of that uncertainty, hoping people won’t ask questions.

At Horn Wright, LLP, our employment law attorneys hear the same concerns again and again. Do salaried workers qualify? What if my boss changed my timecards? How long do I have to act? Below, we’ve gathered the most pressing questions, and the straight answers workers deserve.

Do Salaried Workers Get Overtime

A paycheck marked “salary” doesn’t automatically mean no overtime. That’s one of the most common myths. Under the Fair Labor Standards Act (FLSA), overtime pay is owed to every non-exempt worker. To be truly exempt, a job must satisfy two conditions: the salary must meet a legal minimum, and the actual duties must fall into a narrow set of categories like executive or professional roles.

New York takes it a step further. The New York Labor Law (NYLL) requires a higher minimum salary than the federal standard. A worker in New York City making less than that threshold cannot legally be exempt, even if the employer insists otherwise.

In practice, this is where misclassification happens. You might be given the title “assistant manager,” but if your workday is spent stocking shelves or ringing up customers, you’re not exempt. Misclassification and overtime pay violations remain one of the most common tricks employers use to dodge responsibility. Courts, however, look past the title and focus on the reality of the job.

How Long Do I Have to File an Overtime Claim

Time matters. If you wait too long, the claim disappears no matter how strong it is. Under 29 U.S.C. § 255(a), workers generally have two years to bring a claim, or three years if the employer’s violation was “willful.” That word matters, it means the company knew it was breaking the law but kept doing it anyway.

New York law is more generous. The NYLL § 198(3) gives workers six years to bring unpaid wage claims, including overtime. That longer period means a worker who left a job three or four years ago might still have a valid case.

But here’s the catch: every pay period that passes chips away at what can be recovered. Filing early preserves more of your claim. It also makes it easier to gather evidence while memories are fresh and records still exist. Identifying violations promptly and filing an overtime pay claim before the window closes is the surest way to protect your rights.

Can Employers Use Tips to Replace Overtime Pay

No. Tips are yours, not your employer’s. Federal law is clear on this. 29 U.S.C. § 203(m) allows employers to count a limited “tip credit” toward meeting minimum wage, but it doesn’t apply to overtime. Overtime must always be calculated on the full minimum wage before tips are factored in.

New York law is even stricter. NYLL § 196-d prohibits employers from using tips to meet wage obligations in most situations. Employers can’t take tip money to cover their share of overtime pay.

Restaurants and bars often test this line. We’ve seen cases where staff were told that “good tips” covered the difference when overtime wasn’t paid. That’s not only dishonest, it’s illegal. These schemes expose employer liability for overtime violations, and courts consistently side with workers when tip abuse is uncovered.

New Hampshire Provides Narrower Remedies Than New York for Overtime Claims

State laws aren’t equal. Take New Hampshire, for example. While it does provide some overtime protections, its remedies are narrower than what New York law allows. New Hampshire workers face shorter filing deadlines and fewer opportunities for liquidated damages.

New York law, by contrast, lets workers file claims up to six years after the violation under NYLL § 198(3). It also provides liquidated damages equal to unpaid wages, effectively doubling what workers can recover.

The difference means two workers with the same violation, one in New Hampshire, one in New York, could walk away with very different outcomes. Filing in New York often yields stronger results, which is why our team emphasizes the importance of location when advising clients about filing overtime pay claims.

Can I Sue if I Worked Off-the-Clock

Yes. Off-the-clock work is one of the clearest violations of wage law. If you’re told to show up 30 minutes early to prep, stay late to clean, or check emails after hours, those minutes add up. The 29 U.S.C. § 211(c) requires employers to track every hour worked. New York backs this up through NYLL § 195(4), requiring accurate wage statements.

Employers often argue that these extra tasks were voluntary. Courts don’t buy that. If the work benefits the employer and they knew or should have known it was happening, the time is compensable. That’s the law.

And remember: if records don’t exist, testimony counts. Courts let workers testify to the hours they worked, because it’s the employer’s legal duty to keep records. Suing for off-the-clock work isn’t just possible, it’s one of the most effective ways to expose hidden overtime abuses.

What Happens if My Employer Falsifies Records

Altering records isn’t just shady, it’s illegal. Both the FLSA (29 U.S.C. § 211(c)) and NYLL § 195(3) require accurate reporting of hours and wages. If an employer shaves hours off a timesheet, changes clock-in records, or issues pay stubs that don’t match reality, they’ve violated the law twice: once for failing to pay and again for falsifying records.

New York hits this especially hard. Under NYLL § 198(1-d), workers can recover statutory damages up to $5,000 per employee for wage statement violations. Courts also treat falsification as evidence of willfulness, which extends the federal statute of limitations from two years to three.

For workers, this is powerful. It not only makes the case easier to prove, it increases damages significantly. Calculating unpaid overtime damages becomes straightforward when falsified records clash with emails, schedules, or testimony. What employers thought would hide violations usually becomes the evidence that proves them.

Horn Wright, LLP, Gives Workers Straightforward Overtime Answers

Workers shouldn’t need to untangle legal codes to know if they’re being cheated. Overtime laws were written to protect people, not confuse them. At Horn Wright, LLP, we translate the law into plain English, then put it to work in court.

Our employment law attorneys rely on the FLSA, the NYLL, and decades of case precedent to build strong cases. We uncover misclassification, identify off-the-clock work, and expose falsified records. Most importantly, we give workers direct answers so they know exactly where they stand.

If you’re ready to work with a nationally recognized firm that answers workers’ toughest overtime questions, Horn Wright, LLP, will fight to recover every dollar of unpaid wages.