NYC Overtime Dispute Lawyer

Wage disputes are a serious and persistent challenge for many employees across New York City. Although both federal and state laws exist to protect workers and guarantee fair compensation for every hour worked, many employers fail to meet these legal obligations. This can result in unpaid overtime, minimum wage violations, and other forms of wage theft that leave workers financially vulnerable.

At Greenberg Gross LLP, we are dedicated to representing employees who have been wronged by their employers. Whether you are in the hospitality sector, working retail, part of the tech industry, or in any other field where labor laws apply, our team is here to help you recover the pay you deserve. We focus on protecting the rights of workers and securing every dollar owed.

Legal Protections Under Federal and State Law

Employees in New York are protected under both the Fair Labor Standards Act and New York labor law. These laws ensure that most employees are entitled to minimum wage and overtime pay. Despite these protections, employers often misclassify workers, deny overtime hours, or improperly calculate pay rates.

Under the Fair Labor Standards Act, most employees who work more than 40 hours in a workweek are entitled to receive overtime pay at one and one-half times their regular rate. New York labor law provides even broader protections, often requiring higher minimum wage rates and stricter tracking of hours worked.

New York law also requires employers to maintain accurate records of employee hours and to issue timely payment. Any failure to comply may lead to legal liability and entitle workers to recover unpaid wages, unpaid overtime wages, and additional damages.

Common Overtime and Wage Issues in New York City

Unpaid Overtime

Many employees work overtime without proper compensation. This often happens when employers intentionally misclassify employees as salaried or independent contractors to avoid paying overtime. Others may simply ignore the law or rely on vague employment agreements to sidestep their obligations.

Minimum Wage Violations

Some employers do not comply with the required minimum wage in New York, especially when misusing the tip credit or deducting time from employee hours unjustifiably. Minimum wage violations can result in substantial financial losses for workers who rely on every paycheck.

Wage Theft and Withheld Pay

Wage theft includes any action where employers fail to pay what is legally owed. This includes missed wages, failure to pay overtime, and unlawful deductions. It is a widespread issue among retail employees, restaurant workers, and tipped employees in New York City.

Overtime Violations

Overtime violations occur when employers fail to pay the proper overtime rate or do not pay for all overtime hours worked. New York law and the Fair Labor Standards Act both support employee claims in these situations and provide a clear path for recovering owed wages.

Misclassification of Employees

Mislabeling employees as independent contractors or salaried employees to avoid paying benefits or overtime is a common violation. Non-exempt employees are entitled to receive overtime pay regardless of job title or classification.

Inaccurate Tracking of Hours Worked

Employers are required to maintain accurate records of all hours worked. When those records are incomplete or inaccurate, employees may lose their right to fair compensation for the time they actually worked.

How Greenberg Gross LLP Helps with Wage and Hour Claims

Our legal team is experienced in handling a wide range of wage and hour claims across New York City. We understand the complex landscape of federal law and New York labor law and are committed to advocating for employees who have been denied fair pay.

We help clients recover unpaid overtime wages, unpaid commissions, and minimum wage differentials. We also pursue claims against employers for violations involving tip credit misuse, misclassification, and failure to pay employees properly under collective bargaining agreements.

Our attorneys conduct detailed investigations into payroll records, hours worked, and employer practices. We help clients bring overtime claims, file wage theft complaints, and pursue litigation where necessary to achieve fair compensation.

We represent employees in all five boroughs of New York City, as well as Long Island and Westchester County. Whether you are just beginning to notice irregularities in your paycheck or have experienced wage violations for years, we are prepared to stand with you.

Seeking Compensation and Holding Employers Accountable

If your employer has failed to comply with New York law or federal law, you may be entitled to recover liquidated damages, attorneys fees, and interest in addition to your unpaid wages. New York state laws are particularly favorable to employees, offering up to six years to file certain claims.

Our firm works on behalf of workers—not employers—and is equipped to handle complex cases involving multiple violations. We support retail employees, tipped employees, restaurant workers, and others who rely on timely payment and overtime compensation to support themselves and their families.

Most employees in New York City are protected under both state and federal wage laws. If you are unsure whether your rights have been violated, contact us for an initial consultation. We will review your case thoroughly and determine whether you qualify for compensation.

Your Rights as a Worker in New York City

Employees work hard to earn a living, and they deserve to be paid accurately and fairly. New York City employers are subject to strict wage and hour requirements, including accurate recordkeeping, minimum wage compliance, and timely payment.

When employers fail to pay overtime, deny fair compensation, or engage in other wage and hour violations, workers are entitled to legal recourse. Filing an overtime claim is not just about money—it is about dignity, respect, and the right to be treated fairly under the law.

At Greenberg Gross LLP, we represent legal professionals, hourly wage earners, and independent contractors who have been taken advantage of. We work tirelessly to hold employers accountable under New York labor law and federal wage regulations.

Take the First Step Toward Fair Compensation

Every hour you work matters. If you have been denied overtime pay, subjected to wage theft, or suffered from minimum wage violations, it is time to take action. Greenberg Gross LLP is here to help you reclaim what you have earned and restore your rights in the workplace.

Schedule your consultation today to discuss your wage and hour concerns with an experienced employment attorney. Together, we can pursue justice, recover unpaid wages, and ensure that your employer follows the law.

Frequently Asked Questions

What qualifies as unpaid overtime?

Unpaid overtime includes any hours worked beyond 40 per week that are not compensated at one and one-half times the regular hourly rate, as required by both federal law and New York labor law.

Are independent contractors entitled to overtime?

In many cases, workers classified as independent contractors are actually employees under the law. If misclassified, they may be entitled to overtime pay and other benefits.

What is the tip credit and how can it affect my wages?

The tip credit allows employers to pay less than minimum wage if tips make up the difference. If improperly applied, this can result in minimum wage violations and unpaid wages.

How long do I have to file an overtime claim in New York?

Under New York law, employees generally have up to six years to file claims for unpaid wages and overtime. Federal law may offer shorter windows, so it is best to act promptly.

Can I recover more than just my unpaid wages?

Yes. Employees can recover liquidated damages, attorneys fees, and interest in addition to unpaid wages if the employer violated the Fair Labor Standards Act or New York labor law.