If your employer refuses to pay overtime, you may have a wage and hour claim under federal and New York law. Most employees must receive overtime pay at 1.5 times their regular rate for hours worked over 40 in a week. When that doesn’t happen, there are specific steps you can take to protect your rights and recover unpaid wages.
Do You Qualify for Overtime Pay?
Before taking action, it’s important to confirm whether you are legally entitled to overtime. Many workers in Westchester County assume they are ineligible because they are salaried or hold a certain job title. That is not always correct.
You are generally entitled to overtime unless you fall into a specific exemption category. Common misconceptions include:
- Being paid a salary automatically disqualifies you from overtime
- Having a “manager” title means you are exempt
- Agreeing to work extra hours without pay makes it legal
In reality, exemption depends on your actual job duties and salary level, not just how your employer labels your role.
Minimum Salary Requirements
Even if you are properly “classified” and paid on a salary basis, there are typically certain minimum weekly salary requirements for employees working in an executive or administrative capacity in New York State. For example, as of January 1, 2026, the minimum weekly salary for these employees is:
- $1,275.00 per week ($66,300.00 per year) for employees in New York City and Nassau, Suffolk, and Westchester Counties; and
- $1,199.10 per week ($62,353.20 per year) for employees elsewhere in New York State
These amounts increased from the 2025 thresholds of $1,237.50 per week ($64,350.00 per year) for NYC, Long Island, and Westchester, and $1,161.65 per week ($60,405.80 per year) for the remainder of the state.
Although New York does not have a minimum salary requirement for certain employees exempt employees working in a “professional” capacity (such as lawyers, accountants and engineers), such employees are still protected by federal law, and should be paid a minimum of $684.00 per week ($35,568.00 per year).
Document Your Hours and Pay
If you suspect unpaid overtime, start gathering evidence right away. This step can make a significant difference if you later file a claim.
Keep records of:
- Hours worked each day and week
- Pay stubs and direct deposit records
- Work schedules or timekeeping logs
- Emails, texts, or messages about your hours or pay
- Job duties
Even if your employer controls official time records, your own notes can help establish a pattern of unpaid work.
Raise the Issue Internally (Carefully)
In some cases, unpaid overtime results from payroll errors or misunderstandings. You may consider raising the issue with your employer or HR department.
When doing so:
- Keep your communication in writing when possible
- Be clear about the hours worked and the pay you believe is owed
- Avoid emotional or confrontational language
However, you should also be aware that some employers respond defensively. If you are concerned about retaliation, it may be better to speak with an attorney before raising the issue internally.
Understand Your Protection Against Retaliation
Both federal and New York labor laws prohibit employers from retaliating against employees who assert their wage rights.
Retaliation can include:
- Termination or demotion
- Reduced hours or undesirable shifts
- Disciplinary action without justification
- Harassment or hostile treatment
If your employer takes action against you after you raise concerns about overtime, that may give rise to a separate legal claim.
File a Wage Claim or Take Legal Action
If your employer continues to refuse payment or retaliates, you should speak with an attorney right away. You generally have multiple options to enforce your rights.
You may:
- File a complaint with the New York State Department of Labor
- Pursue a claim under the federal Fair Labor Standards Act (FLSA)
- Bring a lawsuit to recover unpaid wages and damages
In many cases, employees can recover:
- Unpaid overtime wages
- Additional “liquidated damages” (often equal to the unpaid amount)
- Attorneys’ fees and costs
Each path has different timelines and requirements, so it’s important to choose the right approach for your situation.
How These Cases Often Arise in Westchester County Workplaces
Unpaid overtime issues can show up across many industries in Westchester County. Some common scenarios include:
- Employees asked to work “off the clock” before or after shifts or through lunch
- Misclassification of exempt employees to avoid overtime
- Flat day rates or salaries that ignore overtime requirements
- Pressure to underreport hours
- Employers “shave” or edit hours to reflect less hours than you actually worked
- You are not paid for your lunch break even if you work through it or don’t take lunch
These practices are not uncommon, but they are not permitted under the law.
When to Speak With an Employment Attorney
If you are not being paid properly or your employer has refused to pay overtime, delayed addressing the issue, or taken action against you after you raised concerns, it may be time to seek legal guidance.
An attorney at Fearless Justice, LLC can help you:
- Determine whether you are entitled to overtime
- Evaluate the strength of your claim
- Identify the best path to recover unpaid wages
- Protect you if retaliation becomes a concern
Talk to a Westchester Wage and Hour Lawyer
Unpaid overtime can add up quickly, especially if it has been happening over weeks or months. If you believe your employer has failed to pay you properly, turn to Fearless Justice. We have extensive experience pursuing wage-and-hour claims and will fight for the pay you’ve been denied. Contact us today for a confidential consultation.