Unpaid Overtime Claims in New York
Overtime protection for New York workers builds on the federal Fair Labor Standards Act (FLSA), which requires overtime after 40 hours in a workweek. If you suspect you weren't paid what you're owed, a local employment attorney can review your situation for free.
Where Overtime Issues Come Up in New York
Across New York, wage and overtime disputes surface most often in healthcare and home care, hospitality and restaurants, construction, and retail and security. Workers in these fields are frequently paid hourly, by shift, or on a day rate — the arrangements where off-the-clock work, misclassification, and miscalculated overtime are most common. We connect workers in 2 New York metros with employment attorneys who handle these claims.
- Healthcare and home care
- Hospitality and restaurants
- Construction
- Retail and security
Does New York Require Daily Overtime?
New York generally follows the federal FLSA standard: overtime is owed after 40 hours in a workweek. State-specific nuances should be confirmed with a licensed attorney.
Can New York Employers Take a Tip Credit?
Employers in New York may generally apply a tip credit toward the minimum wage for tipped employees, subject to conditions. Current thresholds and conditions should be confirmed with a licensed attorney.
Does New York Require Meal or Rest Breaks?
Federal law does not independently require meal or rest breaks; New York's specific requirements, if any, should be confirmed with a licensed attorney.
How Do I File a Wage Claim in New York?
Workers in New York generally may be able to bring a wage claim directly, in addition to filing a complaint with a state labor agency, though the process can vary by claim type. An attorney can confirm the options that apply to your situation. Wage and hour claims are subject to filing deadlines that depend on the law involved (federal FLSA vs. state wage law) and whether a violation is found willful. These deadlines can be shorter than expected — an attorney can confirm what applies to your situation.
Minimum Wage in New York
New York's minimum wage may be higher than the federal minimum and can change over time. Current figures should be confirmed with a licensed attorney or the state labor agency.
Common Overtime Claims in New York
Not sure which category fits your situation? These are the claim types we see most often — or request a free case review and let an attorney sort it out.