Overtime Pay Exemptions

Exempt Status Doesn’t Always Mean No Overtime

There’s this assumption that if you’re salaried, you don’t get overtime. But that’s not always true, not in New York, and not under federal law either. Just because you’re told you’re “exempt” doesn’t make it legal. And if you're working long weeks without a dime of extra pay, it might be time to take a closer look.

At Horn Wright, LLP, our employment law attorneys work with people just like you—folks pulling 50, 60 hours a week without overtime pay. Many of them were misclassified, intentionally or not. If your job title doesn’t match the hours you put in, we’re ready to help you get what you’re owed. 

Employers sometimes treat the word “exempt” like a magic shield. But the truth is, exemptions are narrowly defined by law. To truly qualify, your job has to meet specific tests under the Fair Labor Standards Act (FLSA).

If you’re working overtime and not getting paid for it, it’s worth asking: are you really exempt, or just labeled that way to cut costs? Exemptions generally apply to executive, administrative, and professional roles, but only if your duties and salary meet strict legal thresholds. Job titles alone don’t count.

Who Qualifies as Exempt Under New York Law

In New York, to be considered exempt from overtime, you must pass both a duties test and a salary threshold. The state’s standards mirror the FLSA but set higher income requirements in many cases. That means someone exempt under federal law might not be exempt under New York law.

Generally, exemptions apply to three types of employees:

• Executive employees: You supervise two or more full-time employees and have hiring/firing authority.
• Administrative employees: Your job involves independent judgment on significant matters, not just routine clerical work.
• Professional employees: You do work requiring advanced knowledge, usually with a specialized degree.

If your role doesn’t fit one of these categories, and you’re working more than 40 hours a week, you’re likely entitled to overtime pay. Employers who misclassify workers can be held liable for unpaid wages going back six years under New York law.

Salary Thresholds and Job Duties Tests Explained

To meet the exemption standard, you need to be paid a certain minimum salary and perform specific duties. In 2025, the New York salary threshold is higher than the federal level, and it varies by region:

• New York City: $1,200 per week
• Long Island & Westchester: $1,125 per week
• Rest of State: $1,065 per week

Failing to meet even one of those salary minimums can void your exempt status. But salary isn’t enough. The duties test digs into how much of your time is spent doing actual exempt tasks. If you’re spending most of your shift stocking shelves, handling customer service, or taking orders, even if your title is “manager,” you’re probably not exempt.

Employers often try to stretch the definition. That’s where we come in. We look at the details, compare them against state and federal law, and challenge misclassification when the facts don’t line up.

How Employers Misuse Titles Like Manager to Avoid Paying Overtime

This one’s way too common. You get promoted to “assistant manager,” they hand you keys and a new title, and suddenly you’re salaried. But nothing about your day really changes. You’re still stocking, cleaning, handling customers, just with more stress and no overtime pay.

New York Labor Law sees right through this. If you don’t have real authority, like setting schedules, disciplining employees, or controlling hiring, then your title doesn’t make you exempt. What matters is what you actually do, not what they call you.

Misuse of titles isn’t just unfair, it’s illegal. And when it’s widespread across a company, it could open the door to a class or collective action lawsuit, especially in sectors like retail, fast food, or healthcare.

What to Do If You’re Working 50 Hours with No Extra Pay

First off, you’re not alone. Lots of New Yorkers find themselves in this exact situation. You’re working long hours, maybe taking calls on weekends, or covering for others, yet your paycheck never changes.

Start tracking your hours. Keep a private record of when you start and end your day, what you’re doing, and whether you’re performing supervisory duties or just grinding through tasks. That documentation can be powerful later on.

You don’t have to confront your boss or raise red flags right away. But you do need to start building a clear timeline. If your job doesn’t fit the legal definition of exempt, you could recover thousands in unpaid wages and penalties under New York Labor Law §198 and the FLSA.

The Difference Between Being Paid a Salary and Being Truly Exempt

A salary just means you get paid the same amount each paycheck. It doesn’t mean your employer can work you endlessly without extra compensation. That’s a big misconception, and one that employers love to exploit.

Under both federal and New York law, being salaried only gets you halfway to exemption. You still have to pass the duties test. That means real decision-making authority, high-level tasks, and a job that fits one of the categories mentioned earlier.

If your job is mostly manual, customer-facing, or repetitive, even if you’re salaried, there’s a good chance you’re not actually exempt. And if you’re working over 40 hours a week, that means your employer may owe you for all that time.

Steps to Challenge an Exemption Classification in New York

Filing a complaint doesn’t mean you have to go to court tomorrow. There are options. You can start by reporting the issue to the New York State Department of Labor. They’ll review your claim, compare it against the law, and contact your employer.

You can also work with a law firm like Horn Wright, LLP, to file a private wage and hour lawsuit. This route can help you recover more, unpaid overtime, interest, liquidated damages, and attorney’s fees. If your coworkers are in the same position, we may be able to file on behalf of a group.

Just remember: New York gives you six years to recover unpaid wages. That’s double what you’d get under federal law. So even if this has been going on a while, it’s not too late to act.

How New York’s Overtime Exemption Thresholds Compare to Maine’s

New York is tougher than most states when it comes to protecting workers from improper exemption. Maine uses the federal salary threshold, currently $684 per week. In contrast, New York sets its own, higher thresholds depending on the region.

That difference can make or break your case. You could be exempt in Maine but fully eligible for overtime in New York. Plus, New York law places more weight on what your duties actually are, not just what your employer claims.

And let’s not forget New York’s six-year lookback period. Maine only allows recovery for up to three years of unpaid wages. That longer timeline can mean thousands more in damages.

What You Can Recover If You Were Improperly Classified as Exempt

Getting misclassified isn’t just a paperwork issue. It has real financial consequences. If your job should’ve been non-exempt, and you weren’t paid for overtime, you can demand full back pay for every hour over 40 each week.

Under New York Labor Law §198 and the FLSA, you’re also entitled to liquidated damages, basically, a penalty equal to what you’re owed. That means double the amount in many cases. You may also recover interest and have your legal fees covered.

If your employer cut corners on your pay and called it “exempt,” our trusted employment law attorneys are ready to hold them accountable. Our legal team has been recognized among the most effective in the country, and we know how to fight for overtime wages that were wrongfully denied.