Many workers assume that they are not entitled to overtime pay because they have a salary rather than an hourly wage. Yet many salaried workers have to put in extra hours each week to meet the demands of their jobs. Working off the clock without pay can have numerous negative effects on income, productivity, and daily life.
Salaried employees with 60-hour workweeks have rights, which may include the right to be paid overtime. The New York overtime pay lawyers at The Bell Law Group are here to help you seek compensation for all of those off-the-clock hours you’ve worked each week.
Let’s explore salaried non-exempt overtime pay, the Fair Labor Standards Act (FLSA) and New York State salary thresholds for 2026, misclassification of salaried employees, and other topics related to unpaid overtime. If you’d like to speak with an attorney about how to get unpaid overtime, contact The Bell Law Group today. Consultations are free and confidential.
Key Takeaways:
- A salaried employee with a 60-hour workweek may be owed overtime pay
- The FLSA salary threshold in 2026 is $684 per week, but New York has different salary thresholds depending on where you are in the state ($1,275 per week in NYC and nearby counties, $1,190.10 in all other parts of the state)
- Some salaried employees may be misclassified as exempt from overtime simply based on their job title rather than their actual job duties
- Legally, private-sector employees typically cannot receive comp pay in place of overtime
- Creating a log of extra hours and additional tasks can be helpful evidence in seeking overtime back pay
The Salary Myth: Why a Flat Paycheck Doesn’t Equal Zero Overtime
So many workers think their salary bars them from overtime. The idea is that time-and-a-half and double-time are only available to hourly employees.
However, being a salaried employee is not enough to exempt you from overtime. The level of your salary and your duties at the job help determine whether or not you are exempt from overtime.
So if you or a colleague has ever asked a question like, “Can my employer make me work 60 hours without extra pay,” the answer is much more nuanced than you think.
What Is the Salary Threshold?
The salary threshold is the minimum amount of salary an employee must earn to be exempt from overtime. This salary threshold is part of the white-collar exemption rules for executive employees and administrative employees.
Keep in mind that the salary threshold is only one facet of whether or not a worker is exempt from overtime.
What Is the Minimum Salary for Overtime Exemption in 2026?
In 2026, the FLSA salary threshold for executive and administrative employees is:
- $648 a week, or $35,568 per year
However, New York has different rules regarding the salary threshold.
In 2026, the New York salary threshold for executive and administrative employees is:
- NYC, Nassau County, Suffolk County, Westchester County: $1,275 per week
- The Rest of New York State: $1199.10 per week
Who Is an Exempt Salaried Employee? What Criteria Must Be Met?
The overtime exemption we noted above primarily applies to white-collar employees. In order for a salaried employee to be exempt from overtime, these three criteria must be met:
- The Salary Basis Test: The employee must receive a fixed salary that does not fluctuate based on hours or the quality of their work.
- The Salary Level Test: The employee must earn more than the minimum FLSA salary threshold.
- The Duties Test: The employee’s job duties must meet the exemption requirements. This typically applies to workers in managerial positions with at least two employees under their supervision and input into terminations and new hires.
If you’re working excessive overtime every week and are not sure if you’re exempt from overtime pay, it’s worth contacting the team here at The Bell Law Group to review your situation.
Misclassification as Exempt: How Some Companies Avoid Paying Overtime
There are many different wage theft strategies that companies use to cheat workers out of hard-earned money. In overtime disputes, employers may misclassify their employees as exempt from overtime.
These workers may come in on weekends or stay late, assuming they’re salaried and won’t be compensated for any time beyond 40 hours. However, these workers who are consistently going above and beyond may be eligible for overtime pay despite being salaried. Worse, they may not even realize it, and their company likes it that way.
How Misclassification as Exempt Works
Someone may be a manager, supervisor, or lead in name only. If these workers do not have hiring and firing authority and tend to do day-to-day work rather than managerial duties, these employees may actually be non-exempt.
To put it another way, the job title is used to make workers assume they have managerial responsibilities and are therefore ineligible for overtime. Job duties are far more important than job titles when it comes to EAP exemptions.
Misclassification is especially common with assistant managers. Some assistant managers may spend more time doing day-to-day tasks and labor rather than working in a supervisory role.
Is It Legal to Give Comp Time Instead of Overtime Pay?
In some companies, employees are given comp time (i.e., additional time off) instead of overtime pay. The legality depends on who you work for.
- Private-Sector Employees: For most private-sector employees, this is not legal. Comp time is not a substitute for overtime pay. It doesn’t matter if it’s an extra day off or more vacation time banked for a later date.
- Government Employees: Public servants and government employees can legally be compensated for unpaid overtime with comp time equivalent to time-and-a-half.
If you’ve got questions about comp time for overtime at your workplace, our attorneys can help. We know New York’s overtime pay laws, and we can discuss whether or not you are entitled OT back pay.
The Hidden Costs of the 60-Hour Week: Thinking Beyond Unpaid Wages
When a salaried employee consistently puts in 60-hour workweeks, they lose far more than just overtime pay. All the extra time spent working eats into social commitments and relationships, and is a major factor in burnout.
Here are some other ways that working 60-hour weeks affect lives beyond the lack of overtime pay.
- Lower-Quality Work: When workers are feeling burned out and overwhelmed, the quality of their work suffers, which can impact the company or lead to even more work fixing mistakes.
- Risks to Physical Health: Being overworked can lead to a number of physical health issues, including high blood pressure/hypertension, a weakened immune system, bad diet, lack of exercise, lack of sleep, and unhealthy coping habits (e.g., excessive eating; use of drugs or alcohol).
- Risks to Mental Health: Being overworked can contribute to many mental health problems and issues with emotional wellness, including excessive stress, depression, anxiety, mental fog, and the desire for self-isolation.
- Strain on Relationships and Family: Excessive work hours can cut into quality time spent with family, friends, other relatives, and acquaintances. Seeing less of the people you care about can take its toll on your mental health and physical well-being.
- Lost Personal Time: When you work too much, you may lose the energy you need to focus on hobbies or personal interests. You give so much of your time away off the clock that you no longer have enough time for yourself.
How to Document Your Hours When Your Employer Doesn’t Keep Records
Your employer may ask you to work off-the-clock, but that doesn’t mean you should work without a paper trail. There are many things that you can do to document your off-the-clock hours after you’ve put in a 40-hour workweek.
Create a Daily Log of Your Hours and Tasks
Each day, independently log your hours and the work that you completed.
- Work start times
- Work end time
- Meal breaks and rests
- Nature of tasks completed
- All off-the-clock tasks (e.g., weekends, holidays)
- Locations where the work was completed
Create a Digital Footprint of Your Work
In addition to your time logs, you can create a digital footprint of your work by turning on the GPS of your phone and taking screenshots of your official time cards and work calendar. If you can get access to badge swipes at your physical office or logins through a work portal, get that information.
These bits of digital evidence can support your daily hour logs, showing you were in the office or out of the office when completing work, and when meetings or tasks fell outside of your normal working hours.
Save Your Pay Stubs and Paychecks
Keep and make copies of all of your pay stubs and payment information. The paychecks and the breakdown of how you were paid can be helpful when seeking overtime back pay for all of the extra hours you worked.
Retain All Communication with Supervisors
Make copies of all emails, text messages, Slack messages, and other communications you’ve had with supervisors and other members of management. This is particularly important for any discussion of work hours and the potential for overtime pay even though you’re a salaried employee.
Also consider making copies of denied vacation requests, denied sick day requests, and denied requests for medical leave or parental leave. The correspondence could be relevant in overtime pay cases.
Statute of Limitations: Why You Must Act Quickly to Recover Back Pay
Per New York Labor Law (NYLL) § 198(3), you typically have six years to file a lawsuit to seek overtime back pay. However, the New York Department of Labor cannot accept every claim, and there are examples of unacceptable claims outlined by Labor Standards.
Six years is a long time, but it’s best to speak with an overtime pay lawyer as soon as possible. An employment law attorney can review your job duties, your independent time logs, and determine if you were misclassified as an employee or did not realize you were nonexempt.
Why Workers Who Are Overworked Trust The Bell Law Group
Established in 2002, The Bell Law Group strives to support workers whose rights have been violated and simply want what’s fair. Our firm chooses cases wisely, which means we carefully determine if your 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. We represent New Yorkers as well as federal employees all over the country.
Our law firm is prepared to take on all kinds of wage and hour disputes, including unpaid overtime for salaried and hourly workers and seeking back pay for agreed-upon wages.
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 Counties, 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. We reached a $350,000 settlement for a misclassified employee who was denied overtime. In a separate case, we quickly secured overtime backpay 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 folks just like you.
We Offer Free and Confidential Consultations
A lot of workers are afraid of speaking with a lawyer about their situation. They’re worried about how much it will cost to meet with an attorney or if details they share could jeopardize their career.
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.
Contact The Bell Law Group Today
If you’re a salaried employee in New York who has a 60-hour work week, you don’t have to accept your situation. You may be owed overtime, and our attorneys are here to help you get the money you’re owed. For a free consultation with our employment lawyers, contact The Bell Law Group today.
