Overtime Violations

Overtime Violations Lawyer in New York

Employee-Side Overtime Claims for New York City Workers

When an employer withholds overtime pay, the consequences reach beyond a single paycheck. At Goodley McCarthy LLC, we represent employees, never employers, in wage and hour disputes throughout New York City and its boroughs, including Brooklyn, Staten Island, the Bronx, Flushing, Harlem, and Jamaica. Founded in 2021, we handle unpaid overtime claims as a core part of our practice, and we bring that focus to every case we take on.

If you believe you’re owed overtime pay, we can help. Contact Goodley McCarthy LLC at (215) 273-3491 to schedule a free consultation.

When New York Workers Are Entitled to Overtime Pay

Both the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) protect most non-exempt employees from unpaid overtime. When a non-exempt worker logs more than 40 hours in a single workweek, each additional hour must be paid at time-and-a-half, or one and one-half times their regular rate of pay. New York calculates overtime on a workweek basis, not a daily basis, for most private-sector workers.

Whether an employee qualifies as exempt from overtime hinges on actual job duties, not job title. In New York City, an executive or administrative employee must earn at least $1,275 per week ($66,300 per year) as of January 1, 2026, and must meet a strict duties test to be classified as exempt. A manager’s title alone doesn’t change that analysis. The regular rate of pay used to calculate overtime also includes non-discretionary bonuses and shift differentials, not just the base hourly wage.

Common Ways Employers Unlawfully Withhold Overtime in New York City

Overtime violations take several forms, and some are harder to spot than others. Understanding the most common patterns can help workers recognize when something is wrong with their pay.

Misclassification as Exempt:
Some employers label workers as salaried managers or professionals without confirming that their actual day-to-day duties satisfy the legal exemption test. If the work doesn’t match the exemption, the classification doesn’t hold.

Off-the-Clock Work:
Pre-shift setup, post-shift cleanup, and responding to work messages after hours are all compensable time. When that time isn’t recorded or paid, it can push total weekly hours past 40 without triggering overtime.

Time Shaving:
Altering time records to reflect fewer hours than an employee worked is a direct wage theft violation and one of the more common complaints investigated by the New York Department of Labor.

Hour Averaging Across Pay Periods:
An employer can’t offset a 50-hour week with a 30-hour week and claim no overtime was owed. Overtime is calculated workweek by workweek.

Piece-Rate and Commission Workers:
Being paid per piece or per sale doesn’t eliminate overtime rights. Workers in these arrangements are still owed time-and-a-half for hours beyond 40, calculated from a regular rate derived from their total earnings.

Tipped Workers:
Tipped employees who perform excessive non-tipped duties, have tips improperly pooled, or have illegal tip credits applied may be owed back overtime pay in addition to other wage violations.

What a Successful Overtime Claim Can Recover

New York Labor Law gives employees up to six years to file an overtime claim, a longer window than the FLSA’s two-year limit (or three years for willful violations).

A successful claim can recover the full amount of unpaid overtime wages, plus liquidated damages under NYLL Section 198 equal to 100 percent of those unpaid wages, unless the employer demonstrates a good-faith belief that its pay practices were lawful. Courts don’t permit double recovery of liquidated damages under both the FLSA and the NYLL for the same violation, but prevailing employees can recover reasonable attorney’s fees and costs under either law. New York law also prohibits retaliation against employees who raise wage complaints or cooperate with a wage investigation. Firing, demotion, or hour cuts in response to a complaint are actionable violations themselves.

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Why New York City Employees Bring Their Overtime Claims to Us

Overtime violations rarely affect just one person. An employer that misclassifies one department or shaves time across a shift typically does so across the board. Because we work with both individual employees and labor organizations, we can evaluate whether a worker’s overtime issue is isolated or reflects a broader pattern across a workplace. That perspective shapes how we approach each case from the start.

We represent workers only. Our practice doesn’t serve employers, so our interests are aligned with the employees we represent. We build our strategy around the specific facts of each case and communicate clearly throughout the process so clients understand their rights, the strength of their claims, and what to expect at each stage. Workplace disputes carry real personal stress, and we don’t lose sight of that.

Thousands of Class Members Served
When it comes to your legal representation, experience matters. Our track record of victories speaks volumes about our commitment to our clients. Let us navigate the legal complexities for you.
Over a Decade of Legal Experience

Our seasoned team specializes in class action employment litigation, providing top-tier representation to support your case. Our firm delivers dedicated legal counsel, fueled by years of collective experience, integrity, and a commitment to achieving the best outcomes.
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Seamlessly connect with our legal experts from the comfort of your home or office. Your convenience is our priority, and we're dedicated to providing comprehensive legal support on your terms
Exclusively Dedicated to Employees
Devoted to championing the rights of employees, our firm focuses solely on providing legal support and representation for workers. We're here to stand by you and fight for fairness, in the workplace.

First Steps If You Suspect Unpaid Overtime

Start by preserving what you have. Pay stubs, timesheets, work schedules, and any communications about hours or scheduling all help establish what you were actually owed versus what you were paid. Even informal records, such as personal notes about your hours, can support a claim if employer records are incomplete or altered.

From there, you have options. You can file a complaint with the New York State Department of Labor or the U.S. Department of Labor’s Wage and Hour Division, or pursue a private lawsuit. Those paths carry different timelines, recovery options, and strategic tradeoffs. Speaking with an attorney before choosing a route can make a meaningful difference in what you may ultimately be able to recover.

Recovering What New York Workers Are Owed

We have helped clients recover significant amounts in unpaid wages and benefits. Overtime violations are often worth more than workers initially expect once liquidated damages and attorney’s fees are factored in, and the six-year lookback under New York Labor Law means past violations don’t necessarily stay in the past.

Talk to an Overtime Violations Attorney at No Upfront Cost

If you’re a New York City worker who hasn’t been paid what you’re owed, contact Goodley McCarthy LLC at (215) 273-3491 to schedule a free consultation. We can listen to the details of your situation and help you understand your options.

We handle qualifying matters on a contingency basis, so you won’t pay attorney’s fees unless we recover for you. Consultations are available in person and virtually throughout Brooklyn, the Bronx, Staten Island, and the broader New York City area. Call us today to get started.

Our Results

$126,353.87

Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019)
Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019) (summary judgment in favor of union benefits funds and against the employer for $126,353.87 in benefit fund contributions and other damages).
$225,000

Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020)
Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020) (summary judgment for union benefit funds and against the employer resulting in $225,000 judgment in favor of the funds).
Judgment Dismissal

Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019)
Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019) (summary judgment dismissal of breach of duty of fair representation suit brought against a labor union).

All Results

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