
Unpaid Overtime Lawyers in Long Island, NY
Understanding Your Rights to Overtime Pay in New York
While working 40 hours a week may already feel like a lot, many in our state 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, many employers wrongfully withhold overtime pay or improperly classify workers as exempt. Just because your employer says you are not entitled to overtime pay doesn’t make it accurate. Throughout New York, thousands of workers like you are not receiving overtime pay from their employers—even though they have earned it and are entitled to it by law. If you believe that you have been unfairly denied overtime pay, Ricotta & Marks, P.C. can help. Call our lawyers for unpaid overtime in Long Island and Queens, NY, now for a completely confidential review of your unpaid overtime claim.
Understanding your rights as an employee in New York is crucial. The state has comprehensive labor laws that protect workers from exploitation. If you're unsure whether you qualify for overtime pay, consulting with an overtime violation attorney in New York is essential. Our team is well-versed in state and federal laws, allowing us to accurately assess your situation and guide you toward the most effective course of action. We are committed to ensuring you receive the compensation you deserve and holding employers accountable for unlawful practices.
Top-Rated Lawyers for Unpaid Overtime Claims in Long Island, Queens, & Throughout New York
Are you being denied the overtime pay you rightfully earned? Call Ricotta & Marks, P.C. today at (917) 540-8565 or contact us online for a free and confidential case review!


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Due to a termination letter I received I needed clarification, consultation, and advice on how to move forward. Ricotta & Marks has definitely been the best place to be to help me through the law jargon. Thank you for having my best interests in mind.John L.
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Nima D.
This firm cares and knows how to properly assess the merits of your case. I know because I'm an attorney. I had retainer agreement offers from 4 other firms and Ricotta was my 1st choice based on their belief in my case and fair terms.
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J.T.
Tom Ricotta’s sound advice, calm demeanor, and willingness to advocate for your rights was invaluable. I highly recommend Tom’s abilities and am grateful for his assistance.
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Kel K.
Mr Marks is an amazing lawyer. He is always kind and respectful and there for me whenever I need him. I want to thanks Mr Marks and the firm for everything. I highly recommend you guys. Thanks again for everything.
We Handle the Full Range of Unpaid Overtime Claims
Employees in New York may be denied full overtime pay for a wide variety of reasons. In some cases, employers may act in outright bad faith—intentionally setting up obstacles to deny workers the overtime benefits they deserve. In other cases, an oversight, mistake, or misunderstanding may prevent you from getting your full pay. Our New York wage and hour lawyers can help regardless of the circumstances. We handle all types of overtime claims, including:
- Failure to Accurately Record Hours: Employees are often denied full overtime pay because companies miscount their hours. If you believe your full hours are not being recorded, our unpaid overtime attorneys are here to help.
- Employee Misclassification: Frequently, employers misclassify employees as contractors to avoid paying overtime. However, it does not matter whether your employer gave you a 1099 form or a W4—depending on the nature of your work, you may still be entitled to overtime pay under the law.
- Tipped Worker Violations: Tipped workers may still be eligible for overtime pay. Though, calculating the overtime rate of tipped employees can be complicated. If you are a tipped worker who has been improperly denied overtime compensation, our New York wage and hour attorneys can help.
We also handle off-the-clock claims, where employees must start work early or stay late without compensation. Often, this involves preparatory tasks or mandatory meetings outside scheduled hours. Another common issue involves altering time cards or pressuring employees to underreport their hours. These practices are illegal under both state and federal laws. Our role is to scrutinize your employment situation and ensure that the full extent of your labor is recognized and compensated appropriately.


We’re committed to protecting your rights and ensuring you’re treated with the respect and fairness you deserve, free from discrimination and harassment.
An Overview of the Overtime Regulations in the FLSA
While some state and local regulations are in place, the key workplace overtime protections arise from the Fair Labor Standards Act (FLSA). Under the FLSA, non-exempt employees must be paid time and a half (1.5x) for all hours worked above 40 in a workweek. Employers have a legal responsibility to correctly determine which employees are non-exempt and accurately record their working time. The laws governing overtime pay are complex, so it is essential to consult a lawyer. Learn about mortgage loan officers and overtime claims on our FAQ page for unpaid overtime.
Who Is Entitled to Overtime?
Most non-exempt employees are entitled to overtime pay when they work more than 40 hours in seven days. According to the New York Department of Labor, certain residential employees must receive overtime pay for all hours worked beyond 44.
Moreover, 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.
Understanding who qualifies as a non-exempt employee under the FLSA and New York law can be complex. Factors such as job responsibilities, salary thresholds, and industry standards play a crucial role. It's also essential to understand that, under New York law, certain provisions are more favorable to employees than the FLSA, offering broader protection in some areas. If you're uncertain about your classification or believe you are misclassified, seeking legal guidance from an overtime violation lawyer in New York ensures your rights are protected and you're compensated fairly for your labor.
At What Rate Is Overtime Paid in Long Island?
The overtime pay rate at the federal level is 1.5 times the regular pay rate. 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 is what happens when certain occupations 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 1.5 times the state minimum wage. The minimum wage in New York can be found at the NY State Department of Labor.
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:
- You must 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, you may be eligible for back pay and other forms of compensation in some cases.
- Your employer is legally prohibited from retaliating against you.
Many employees fear retaliation when considering action against their employer. Documenting all relevant communications and interactions related to your overtime and denied compensation is crucial. Keep copies of all correspondence, noting any changes in workplace treatment following your complaint. These records can be instrumental in legal proceedings and verifying your claim. Our firm is experienced in handling sensitive employer-employee conflicts and offers confidential consultations to help you understand your rights and the best course of action.
If your employer has withheld your rightful overtime pay, you have legal options. Our unpaid overtime lawyers in Long Island, NY are here to help!

Our Settlements & Verdicts
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$15 MIL Plaintiff on Bianco v. Flushing Hospital Medical Center
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$1 MIL Olsen, et al. v. The County of Nassau, et al.
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$875K Wallace v. Suffolk County Police Department
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$523K Penniston v. The New York City Department of Education (Co-Counsel)
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Norton v. Town of Islip UFSD, 011 U.S. Dist
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Green v. City of New York 2010 U.S. Dist.

Contact Our Long Island Unpaid Overtime Lawyers Today
At Ricotta & Marks, P.C., our New York wage and hour attorneys are skilled, client-focused advocates for employees. We will protect your rights and help you recover financial compensation for your unpaid wages.
Beyond securing compensation, our attorneys provide guidance and support throughout your legal journey. We understand the emotional and financial stress that wage disputes can cause and are dedicated to alleviating these burdens. We encourage anyone facing wage issues to consult with us early, as timely legal assistance can often resolve issues before they escalate. Our commitment to you goes beyond the courtroom; we aim to empower our clients with the knowledge and resources necessary to protect their rights continually.
Don’t let your employer take advantage of you. Speak with our unpaid overtime lawyers in Long Island, NY, now to fight for the wages you deserve!
Frequently Asked Questions About Overtime Violations in New York
What Are Common Employer Strategies to Deny Overtime Pay?
Employers sometimes employ dubious tactics to deny overtime pay. One common strategy is misclassifying employees as exempt when they are not. This misclassification can prevent employees from receiving their rightful overtime. Another tactic involves encouraging or pressuring employees to work off the clock, essentially performing duties without recording those hours. Additionally, some employers manipulate time sheets, adjusting recorded hours to avoid breaking overtime thresholds. Being aware of these practices is the first step in safeguarding your rights. If you suspect any of these tactics are being used, consulting a skilled attorney could help rectify the situation.
How Can I Prove I've Been Denied Overtime Pay?
Proving a denial of overtime pay requires meticulous documentation. Begin by maintaining thorough records of your hours worked and comparing them against your pay stubs. Consistency between these documents and what was paid is critical. Store copies of any written communications that may support your claim, such as email chains or text messages detailing your work schedule. Witness statements from colleagues can also provide valuable corroboration. Moreover, legal tools like deposition and discovery in court can help unearth hidden employer records. Our legal team can assist in gathering and presenting the necessary evidence to strengthen your claim.
Can Employers Retaliate If I File a Complaint for Unpaid Wages?
Employers are legally prohibited from retaliating against employees who file complaints for unpaid wages. Retaliation can take many forms, including demotions, unwarranted negative performance reviews, or even termination. If you've experienced retaliation, document every instance meticulously. Detailed records can significantly bolster your claim against retaliatory practices. While reporting retaliation, it’s beneficial to understand your legal protections, including compensation for lost wages and potential punitive damages against your employer. With our assistance, you can navigate these retaliatory concerns effectively and seek justice confidently.
Is There a Statute of Limitations on Filing an Overtime Claim?
Yes, there is a statute of limitations when filing overtime claims in New York. Under both the Fair Labor Standards Act (FLSA) and New York Labor Law, claims must generally be filed within two years. However, this window may extend to three years if the violation is willful. Timing is, therefore, critical. Employees must act quickly and gather necessary documentation, as delays can jeopardize the validity of a claim. Our firm understands the importance of timely action and will help expedite the process, ensuring no opportunity for compensation is missed.
How Does New York's Minimum Wage Affect Overtime Pay?
New York's minimum wage laws significantly impact overtime pay calculations, particularly for employees exempt under federal law but entitled to overtime under state law. Any hours worked beyond the standard threshold should be compensated at one and a half times the state minimum wage. Employees earning less may benefit significantly from state-specific overtime regulations versus their federal counterparts. Our team is adept at navigating these nuances to ensure compliance and secure the maximum allowable compensation for our clients.