Call Us Today 347.464.8694


Long Island Unpaid Overtime Lawyers

Unpaid Overtime

New York Unpaid Overtime Lawyers Serving Long Island Employees

While working 40 hours in a week may already feel like a lot, there are many in our state who work over 40 hours. For non-exempt employees, working over 40 hours a week entitles them to earnings at an overtime rate of pay. Unfortunately, however, many employers wrongfully withhold overtime pay or improperly classify workers as exempt employees. If you believe that you are owed unpaid overtime, our Long Island overtime lawyers at the law offices of Ricotta & Marks, P.C. can help. Reach out to our law firm directly today for a free consultation and an overview of your options.

Who Is Entitled to Overtime?

Most non-exempt employees are entitled to overtime pay when they work more than 40 hours in a consecutive seven-day period. According to the New York Department of Labor, certain residential employees must receive overtime pay for all hours worked beyond 44 hours in a workweek.

What’s more, it’s important to note that while some employment positions are exempt from overtime payments under federal laws and the Fair Labor Standards Act, they may be entitled to overtime under New York State law.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:


According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
Learn More

Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
Learn More

Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
Learn More

Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

Learn More

Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

Learn More

Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
Learn More

At What Rate Is Overtime Paid in Long Island?

The rate of overtime pay at the federal level is a rate of 1.5 times the regular rate of pay. For example, if someone is earning $20 per hour, then $20 x 1.5 would equal $30 – the rate of pay at which they should be compensated for any hours worked over 40. So, if a person works 45 hours in a week at a rate of $20 per hour, the first 40 hours will be compensated at the regular rate of pay ($20/hr) and the remaining five hours should be compensated at the overtime rate ($30/hr).

One thing that can be confusing to navigate is what happens when certain occupations that are exempt at the federal level are required under New York law to receive overtime pay. When this is the case, rather than being compensated at a rate of 1.5 times their regular wage, the law holds that they should be compensated at a rate of 1.5 times the state minimum wage. The minimum wage in the state of New York can be found online.

What If I’ve Been Denied Overtime Pay?

If you’ve been denied overtime pay, your rights have been infringed upon. Important things to know are:

  • It’s important that you talk to your employer about the fact that you believe you have been denied overtime pay. If your employer does not honor your request to pay your benefits, you have grounds to file a complaint.
  • Once your complaint is filed, an investigation will be commenced. If the investigation finds that you have indeed been denied overtime, then you may be eligible for back pay, as well as other forms of compensation in some cases.
  • Your employer is legally prohibited from retaliating against you.

Call Our Long Island Unpaid Overtime Attorneys Today

To get help with your unpaid overtime case, call our Long Island unpaid overtime lawyers at the law office of Ricotta & Marks, P.C. We work on a contingent-fee basis and always offer free case consultations. Reach us today to get started at 347-464-8694.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694