Unpaid Overtime Pay Lawsuits

You Worked the Hours Now Let’s Talk About Getting Paid

Putting in long hours without fair pay doesn’t just wear you down. It builds resentment. You show up early, stay late, miss family dinners, and stretch yourself thin. But when that paycheck comes up short, it doesn’t just hit your wallet. It hits your pride. That’s where we come in. Our employment law attorneys know the toll this takes. We’ve seen the burnout, the frustration, and the moment workers realize something isn’t right.

At Horn Wright, LLP, we focus on helping New Yorkers fight back when overtime pay goes missing. We know your time is valuable. We know the law backs you. And we know how to turn that missed paycheck into action.

If you've worked more than 40 hours in a week and didn’t see that bump in your pay, there’s a good chance your employer broke the law. In New York, overtime pay isn’t optional. It’s the law. The federal Fair Labor Standards Act (FLSA) and New York Labor Law Article 19 both require time-and-a-half pay for non-exempt employees who go over 40 hours in a workweek.

A valid unpaid overtime lawsuit could recover:

• All unpaid overtime for the last 2 to 6 years, depending on the law used
• Additional "liquidated damages," often matching the amount of unpaid wages
• Legal costs and interest, giving your case real weight in court

You already gave the time. Now it’s time to talk about getting what you earned.

Who Qualifies for Overtime Pay in New York

Not every worker gets overtime under the law, but most do. Whether you punch a clock, check email from home, or spend hours behind the wheel, your classification matters. And a lot of employers mislabel positions to avoid paying time-and-a-half.

Under the FLSA and New York Labor Law §190, non-exempt workers must be paid 1.5 times their regular hourly wage for every hour over 40 in a workweek. Exempt workers include certain managers, administrators, professionals, and outside salespeople, but only if specific duties and salary requirements are met.

If your employer says you're exempt, ask yourself:

• Do I supervise two or more full-time employees?
• Do I earn at least $1,200 per week (as of 2025) on a salary basis?
• Do I regularly use independent judgment in job decisions?

If the answer is no, there's a chance your classification is wrong. And that opens the door to a lawsuit.

How Employers in New York Try to Dodge Overtime Obligations

Most employers know the rules. But not all of them follow them. Some use quiet tricks to avoid paying you for the time you put in. These tactics range from shady to outright illegal. And the law isn’t on their side.

Under New York Labor Law §195, employers are required to maintain accurate records of hours worked. Yet we often see:

• Unpaid "off-the-clock" work, where you're told to prep or clean before or after hours
• Auto-deducted meal breaks, even if you kept working through lunch
• Time rounding, shaving minutes off your start or end times

Sometimes it’s framed as company policy. Other times, it’s verbal. Either way, it’s a violation. If this sounds familiar, you’re not imagining it. You're being underpaid, and you're entitled to fight for every cent.

Common Misclassification Tactics to Avoid Paying Overtime

Job titles can be deceiving. A "manager" who doesn’t hire, fire, or make key decisions might not be exempt. Yet, employers hand out impressive titles to avoid paying overtime. That’s not legal strategy. That’s wage theft.

New York Labor Law §193 and the FLSA both prohibit employers from misclassifying workers to avoid labor protections. These missteps aren’t just errors. They can trigger large-scale legal actions if multiple workers are affected.

Here are a few ways misclassification shows up:

• Calling hourly workers "salaried" to avoid tracking time
• Classifying full-time workers as "independent contractors" with no real independence
• Labeling someone a "supervisor" without giving actual authority

Misclassification affects everything from your paycheck to your job security. If you’re being treated like an employee but labeled otherwise, that needs to be corrected in court.

How to Calculate Your Overtime Rate in New York

You don’t need a finance degree to figure out what you’re owed. But knowing the formula can help you feel more confident when speaking up. Overtime pay is 1.5 times your regular hourly rate, not just your base wage.

Per 12 NYCRR Part 142 and the FLSA guidelines, your regular rate should include hourly pay plus certain bonuses or shift differentials. If you’re paid a flat weekly salary, you can still qualify for overtime.

Here’s a quick breakdown:

• Take your weekly salary and divide it by the number of hours you usually work to get your hourly rate
• Multiply that hourly rate by 1.5 for every hour over 40
• Check for bonus pay, which may also factor in

For example, if you earn $800 per week and typically work 50 hours, your regular hourly rate is $16. Your overtime rate would be $24. You should receive $240 in overtime pay on top of your $800.

If that doesn’t match your check, something's off.

The Process of Filing an Overtime Lawsuit

If you're ready to take legal action, you don’t have to go it alone. New York workers can file lawsuits either through the state courts or under federal law. And both offer powerful paths to justice.

You can bring a claim under NY Labor Law §198 and the FLSA. The first step is usually gathering evidence: timesheets, pay stubs, text messages, and any schedules that show when you worked. An attorney can help you file a formal complaint and decide whether to file in state or federal court.

The process often includes:

• A demand letter to the employer outlining your claim
• Discovery, where both sides share documents and records
• Possible settlement talks, or a full trial if needed

These cases can feel overwhelming, but they move forward in steps. With legal support, you can stay focused on your life while we push your case forward.

What Damages You Can Recover in New York Courts

Winning isn’t just about getting your unpaid overtime. It’s about being compensated for the delay, the stress, and the legal burden. And New York law gives you a way to make that happen.

Under NY Labor Law §198 and federal FLSA provisions, successful plaintiffs can often recover:

• Full unpaid overtime wages going back up to six years
• Liquidated damages, often matching what you’re owed
• Interest and legal costs, including attorney’s fees

In some cases, the court may order your employer to change their payroll practices or face additional fines. The law doesn’t just restore what was lost. It sends a message: your time has value, and stealing it has consequences.

Differences Between New York and Vermont’s Overtime Laws

Not all states treat overtime the same way. If you've worked in both New York and Vermont, understanding the differences matters. New York law is more generous in both timelines and penalties.

In New York, you can file claims up to six years back under NY Labor Law §198. In Vermont, the limit is two years under Title 21, Chapter 5, unless the violation was willful. That shorter window could mean losing out if you wait too long.

New York also allows for liquidated damages at 100% of unpaid wages, while Vermont caps that at 50% unless there’s a proven willful violation. If your overtime issue crosses state lines, having a legal team familiar with both states can make a big difference.

Can You Sue as a Group of Employees in New York?

Yes, you can. In fact, some of the most powerful overtime lawsuits in New York come from workers teaming up. These are called collective actions under the FLSA or class actions under New York law. They let you file a case with others who were treated the same way.

Under CPLR Article 9 and FLSA §216(b), group lawsuits are possible when multiple workers were denied proper pay, misclassified, or subjected to the same illegal practices. These cases are especially common in industries like:

• Food service and hospitality
• Warehousing and delivery
• Healthcare and nursing homes

Group lawsuits put more pressure on employers. They also make legal costs more manageable for workers. If your coworkers are in the same boat, it may be time to row together.

Let Horn Wright, LLP, Help You Recover What You Deserve

You gave your time. You worked the hours. And the law is on your side. If your overtime pay has been shorted, our employment law attorneys can help you hold your employer accountable. At Horn Wright, LLP, we take action for workers who are ready to fight back. If you want to partner with a national legal team that delivers real results, our team is ready when you are.