The job market can be precarious right now, which has caused many salaried workers to go the extra mile to avoid getting laid off. This includes putting in more than 40 hours a week and working on weekends or during vacation. Yet here’s something that many salaried workers don’t realize: they may be eligible for overtime even though they have a salary.
Our New York overtime pay attorneys would like to look at when salaried employees may get overtime. More importantly, we want to highlight some of the overtime violations that salaried workers face, what you can do about them, when to act, and how much your case could be worth.
If you’ve been working long hours without OT and want to discuss eligibility for back pay, The Bell Law Group is here to help. For a free and confidential consultation, contact our New York employment law firm.
Key Takeaways:
- Salaried employees may still be eligible for overtime, even if they have a “manager” or “supervisor” title. This will depend on salary amount and job duties.
- Misclassification as exempt (as in “exempt from overtime”) is one of the biggest OT violations. Sometimes the misclassification is unintentional, and other times it’s an intentional act by companies to take advantage of employees.
- Other OT violations for salaried workers include making employees work off the clock, incorrectly calculating overtime pay, failing to track a worker’s hours, and retaliating against an employee for asking questions about their overtime status.
- As a New York employee, you may be eligible for up to six years of overtime back pay as well as liquidated damages.
You May Qualify for Overtime Even If You Are a Salaried Employee
Overtime is not exclusive to people paid by the hour. Salaried employees can also receive overtime pay if they are classified as non-exempt (i.e., not exempt from overtime). There’s a three-pronged test to determine overtime eligibility, which accounts for your salary and whether it’s fixed, how much you make per week, and your job duties.
We’ll briefly detail the aspects of this test below. We encourage you to read our past blog post on exempt vs. non-exempt overtime classification. This will give you a full rundown of this criteria.
The Statutory Salary Thresholds for Overtime Under New York Labor Law (NYLL)
As a salaried employee, you must earn more than the state’s minimum salary threshold to be exempt from overtime pay. The New York State salary threshold as of 2026 is as follows:
- New York City, Westchester County, Nassau County, Suffolk County: $1,275 per week
- The Rest of New York State: $1199.10 per week
The Duties Test for Salaried Executive, Administrative, and Professional Employees
More important than your salary and amount you make, your job duties may make you exempt from overtime. This is particularly true in white collar settings. The Fair Labor Standards Act (FLSA) includes detailed information on executive, administrative, and professional exemptions.
Some salaried employees are given a manager or supervisor role and told that they are exempt from overtime. However, sometimes this is just a form of job title inflation, and a supervisor does not actually do any supervisor work.
For more information on job title inflation as a form of wage theft, read our past blog post on “promoting” employees to supervisor/manager positions to avoid paying overtime.
Common Overtime Violations That Salaried Workers Face
Here are some of the most common kinds of overtime violations our New York wage and hour lawyers have seen over the years. If you’ve ever experienced these tactics below, you may be entitled to unpaid overtime.
Misclassification as Exempt
If you do not pass the three-pronged test for exemption, your employer may have misclassified you as exempt in order to avoid paying overtime.
It doesn’t matter if this was an unintentional misclassification or an intentional misclassification. You deserve to be properly compensated when you work more than 40 hours per week.
Working Off the Clock
Many employees wind up taking their work home with them. This is especially true for remote workers or people in hybrid work environments. You may be checking emails after business hours. You may be finishing some extra work on the weekend. You might have a meeting even though you’ve got the day off.
If you are a non-exempt salaried employee who works beyond 40 hours because of off-the-clock work, you deserve overtime.
Failure to Meet the Minimum Salary Threshold
We noted the minimum salary threshold for different parts of New York. If you are a salaried employee who is making less than that weekly salary threshold, you are eligible for overtime.
Some employers are counting on their employees to assume that a salary means that they don’t get overtime. Remember that this is a myth and that you could qualify for overtime pay based on how much you make and depending on where you live and work in New York.
Failing to Account for Employee Hours
Some companies may not keep tabs on how long their employees work. Employees may be discouraged to report all of the hours they have worked. You may even notice the company altering time records so the logged hours are less than 40 per week.
These are all red flags regarding unpaid overtime. If you are working more than 40 hours a week, keep an independent record of your hours worked. This can help your case down the road and help verify that you are expected to work over 40 hours per week without overtime pay.
Incorrect Overtime Pay Calculations
In most situations, New York workers are paid one and a half times their equivalent hourly rate for any hours worked beyond 40 hours. You may be getting overtime from your employer, but is it time and a half? Do the math yourself just to ensure you’re getting time and a half for your efforts.
If your employer is nickel-and-diming you for overtime, you can seek back pay for any money you are owed for overtime. It may not seem like much on the surface, but it can add up to a lot if you routinely work extra hours over a few years.
Workplace Retaliation for Raising Overtime Pay Concerns
If your employer punishes you in any way for simply asking about overtime, this is a form of workplace retaliation. Examples include a demotion, a pay cut, being denied vacation or sick days, forced relocation to another site, or being given undesirable tasks.
The Bell Law Group can help address unpaid overtime in addition to issues regarding retaliation, which includes retaliation against whistleblowers who have reported overtime violations. We can seek unpaid overtime as well as other compensation depending on what happened.
When Should NY Workers Take Legal Action for Unpaid Overtime?
As soon as you suspect that you’re owed overtime, it’s best to contact a New York wage and hour lawyer to determine if you have a case. Your attorney can start seeking the unpaid OT you’ve earned, and advise you on what evidence and records to compile for your case.
Statute of Limitations to Seek Unpaid Overtime
Per New York Labor Law (NYLL) § 198(3), you have up to six years to take legal action. This also means you can seek up to six years of overtime back pay. Again, it’s in your best interests to speak with a New York overtime pay lawyer ASAP.
What to Keep Track of to Build Your Case
As you compile evidence for your case, you’ll want to consider the following documents, notes, and other details:
- Create a daily log of your hours, tasks, and breaks
- Create a digital footprint of your work (e.g., turning on GPS, screenshots of work-related data)
- Save all of your paychecks and pay stubs
- Make copies of all work-related messages, texts, calls, calendar events, and other communications
For a more in-depth exploration of evidence for these kinds of cases, read our past blog post on unpaid overtime for salaried employees working 60-hour weeks.
How Much Compensation Could I Receive for an Unpaid OT Pay Case?
That depends on your salary, the equivalent hourly rate and how much time and a half equals, how many hours of overtime you worked, and how long you have worked unpaid overtime. We can’t provide a general estimate or average since each case varies.
When you meet with our lawyers, we’ll be sure to give you an understanding of how much overtime you worked and the true value of your case.
Liquidated Damages for Unpaid Overtime
Liquidated damages may be awarded to employees when their employers violate certain wage and hour laws. These damages are intended to punish the employer for its actions and encourage future compliance with New York Labor Law.
Liquidated damages are equal to 100% of any unpaid wages. For example, say that you are owed $5,000 in unpaid overtime. You would then receive $5,000 in liquidated damages. This means you would receive $10,000 in total wage recovery.
The Bell Law Group can help you seek justice if you’ve been overworked and underpaid. We’ll fight for maximum compensation that accounts for all of the extra time and effort you put in.
Why New York Workers Trust The Bell Law Group
Founded in 2002, The Bell Law Group supports workers whose rights have been violated. You want what’s fair, and so do we. Our firm chooses cases wisely, which means we carefully determine if your unpaid overtime claim has merit. We’re committed to standing up for your rights and finding the best path to success.
We Focus on Employment Law
Some law firms spread themselves thin and practice different kinds of law. The Bell Law Group is different. Our attorneys focus on employment law and the rights of workers. Our lawyers represent New Yorkers as well as federal employees all over the country.
Our law firm is prepared to take on all kinds of pay disputes, including back pay for agreed-upon wages, wage theft by employers in various forms, and gender-based equal pay issues.
Our Lawyers Have Over 100 Years of Combined Experience
The attorneys at The Bell Law Group have over 100 years of combined experience. Our employment lawyers have fought for workers in Nassau County, Suffolk County, and New York City. We’ve also represented federal workers in cases nationwide.
Members of our team have been featured in the Wall Street Journal and have made appearances on numerous news affiliates throughout New York.
We Have a Record of Fighting for Workers
For over two decades, The Bell Law Group has fought for working New Yorkers who were wrongfully denied overtime pay. This includes a $350,000 settlement for a misclassified employee who was denied OT. In a separate case, we secured OT back pay for a security guard who’d been putting in 50 and 60 hours weeks.
We encourage you to look at our employment law case results to get a sense of what we’ve been able to achieve for hard-working New Yorkers just like you.
We Offer Free and Confidential Consultations
A lot of workers are afraid of speaking with an attorney about their situation. They’re worried about how much it will cost to meet with an employment lawyer. They are also afraid that the information they share could get leaked and jeopardize their employment and future career goals.
The Bell Law Group provides workers with free and confidential case evaluations with no obligation. You pay nothing to discuss your work situation, and all details we discuss will remain private.
Are You Owed Unpaid Overtime? Contact Our New York OT Pay Lawyers
Don’t put up with long hours without fair pay, which includes overtime pay. Even if you’re salaried, you could be owed time and a half. We’re here to make sure you get what’s fair. For a free consultation with our unpaid overtime lawyers, contact our New York employment law office today. At The Bell Law Group, consultations are free and totally confidential.
