Salaried Employee Wage Rights

Just Because You’re Salaried Doesn’t Mean You Should Work for Free

Just because you're paid a salary doesn’t mean your employer can get away with unlimited hours and zero overtime. Unfortunately, that’s exactly how too many salaried employees are treated in New York. You’re expected to stay late, come in early, cover weekends, and yet your paycheck doesn’t budge. Sound familiar? Our employment law attorneys are here for you.

At Horn Wright, LLP, we talk to salaried employees all the time who’ve been overworked, underpaid, and told they have no rights because of their job title. But that’s not how New York labor law works. If you’ve been misclassified as “exempt,” or if your employer is using the salary model to cut corners, you may have a valid wage claim.

Being salaried is about how you’re paid, not whether you’re protected. If you’re doing non-exempt work, your employer may owe you overtime, penalties, and more.

When a Salaried Worker Still Qualifies for Overtime in New York

Under both federal and New York law, not all salaried workers are exempt from overtime. The Fair Labor Standards Act (FLSA) and New York Labor Law §651 say that overtime pay is owed to employees unless they meet strict criteria for exemption. Salary status alone doesn’t qualify someone as exempt, job duties and salary thresholds both matter.

To be legally exempt from overtime in New York, two things must be true: you must earn at least the minimum salary threshold, and your job duties must fall into a specific exempt category. These include executive, administrative, or professional roles, but even those labels don’t guarantee exemption. You must have real authority, independent judgment, or advanced knowledge tied to your role.

If you’re salaried but spend most of your time doing routine, manual, or support tasks, even with a fancy title, you likely still qualify for overtime. Many employers either don’t know the law or choose to ignore it. And when that happens, workers like you lose out on hours of unpaid wages each week.

Salary Thresholds and Job Duties Under State Law

New York sets its own salary thresholds that exceed federal minimums, meaning more workers here are eligible for overtime protections. As of 2025, in New York City, the minimum weekly salary for exemption is $1,200. In Long Island and Westchester, it’s $1,150, and in the rest of the state, it’s $1,100, under 12 NYCRR §142-2.14.

But meeting that salary level isn’t enough. Your job duties also have to meet exemption standards. For example, to be considered an “executive,” you must manage at least two full-time employees and have genuine authority over hiring or firing decisions. If you’re only supervising a shift or following upper management’s instructions, your duties may not qualify.

This is where misclassification becomes a serious problem. Employers may use job titles like “manager” or “coordinator” to justify denying overtime. But if your real day-to-day tasks don’t meet the law’s requirements, they owe you back pay, potentially going back six years.

Misleading Job Titles That Hide Unpaid Hours

In many workplaces, job titles are more about avoiding overtime than reflecting actual responsibilities. You might be labeled an “assistant manager,” but if you’re spending most of your shift stocking shelves, answering phones, or taking customer orders, you’re likely doing non-exempt work.

Titles like “shift lead,” “team supervisor,” or “sales manager” often sound like positions of authority. But courts don’t look at titles, they look at tasks. If you don’t have real decision-making power or discretion in how you do your job, then the label doesn’t hold up.

When employers use misleading titles to get around labor laws, they’re gambling that you won’t notice or push back. But misclassification is illegal under both the FLSA and New York Labor Law Articles 6 and 19. And when challenged, those same titles that once seemed untouchable often unravel quickly under scrutiny.

How to Track Your Time Even If You’re on Salary

One of the hardest parts of building a wage claim as a salaried worker is proving your hours. That’s because salaried employees are rarely asked to clock in or out. But just because your employer isn’t tracking your time doesn’t mean you shouldn’t.

Start keeping a personal log of your hours. Note when you arrive, when you leave, and any unpaid work you do after hours. You can use your phone, a spreadsheet, or even a notebook. The key is to be consistent. Courts allow workers to use personal records when employer timekeeping is incomplete, especially under FLSA §11(c) and New York Labor Law §195.

In addition to your time log, save emails, text messages, shift assignments, or calendar invites that show when you were working. All of this builds your case and shows how your time was being used. If your employer failed to track your hours, the law may allow your estimate to stand.

How New York Protections Differ from Vermont’s for Salaried Employees

New York’s protections for salaried workers are much stronger than what’s available in states like Vermont. For starters, New York has significantly higher salary thresholds for exemption. In Vermont, employers can rely on the federal standard, which, as of 2025, is just $684 per week under FLSA §541.600.

That means more New York workers are automatically eligible for overtime. New York also defines job duties more strictly, making it harder for employers to falsely classify a role as exempt. In Vermont, those lines are looser, which gives employers more room to interpret them in their favor.

Another key difference is enforcement. In New York, employees have up to six years to file wage claims under Labor Law §198(3). Vermont only offers two to three years depending on the violation. That extra time gives New York workers a better chance to recover long-term unpaid wages, especially in cases involving years of misclassification.

What Happens When Employers Abuse the Salary Model

When employers abuse the salary model, they’re not just making a mistake, they’re committing wage theft. And if it’s happening to you, there’s a good chance it’s happening to others in your workplace. Using the salary label as a shield from paying overtime is one of the oldest tricks in the book, and the law is clear: it’s not allowed.

New York Labor Law and the FLSA both allow workers to recover wages and damages when misclassification occurs. If an employer knowingly or willfully misclassifies employees to avoid overtime pay, they can be required to pay back wages, liquidated damages, interest, and legal fees.

Employers can also face penalties from the New York State Department of Labor, and in some cases, civil lawsuits from groups of employees. If your workplace has a history of cutting corners, it's likely your employer is doing this on a broader scale. The longer it continues unchecked, the more expensive it gets for them, and the more you may be entitled to recover.

How to File a Complaint and What to Expect

Filing a complaint can feel overwhelming, but the process is more accessible than most people think. You can either report your employer to the New York Department of Labor or file a private lawsuit under FLSA §216(b) and NY Labor Law §663. Each path has benefits depending on your situation.

If you go through the DOL, they’ll investigate, request records, and may conduct interviews. The downside is that it can take longer, and you may not get as much in damages. If you file a civil claim, especially with others who were also misclassified, the case can move faster and result in a larger payout.

In both cases, documentation helps. But even without perfect records, the burden often falls on your employer if they failed to track your time properly, which is common in misclassification cases. You have every right to ask questions, gather information, and hold your employer accountable.

What You Could Recover If Your Rights Were Violated

If you've been misclassified and denied overtime, your employer may owe you a lot more than just the unpaid hours. The law allows for full back pay, plus additional penalties and legal costs.

In most cases, you may be able to recover:

• Back wages for all unpaid overtime, going back up to six years.
• Liquidated damages, which double the total owed, effectively paying you 200% of your original losses.
• Interest on the unpaid wages, calculated from the date they were due.
• Attorney’s fees and court costs, so you’re not paying out of pocket to make things right.

If your employer retaliated or tried to cover up the misclassification, you may also be entitled to further damages under NY Labor Law §215. The law is built to protect you, but you have to take the first step to use it.

How Horn Wright, LLP, Can Help You Hold Your Employer Accountable

If you’re salaried and working long hours without fair pay, something’s wrong. Horn Wright, LLP, has helped workers across New York challenge illegal misclassification and recover every dollar they earned. We’ll review your job duties, your hours, and your pay, and we’ll take the pressure off your shoulders.

Our employment law attorneys are experienced in both FLSA and New York claims, and we’re ready to build a case that gets results. If you want to work with a team recognized nationwide for defending workers, reach out today.