Are you working more than 40 hours a week? You may be owed overtime pay.
In New York, if you work over 40 hours in a week, your employer is legally required to pay you overtime.
That means each extra hour should be paid at 1.5 times your regular wage. For example, if you earn $16/hour, your overtime rate should be $24/hour.
This law applies no matter where you work — restaurants, construction, cleaning, warehouses, beauty salons, or delivery. It’s protected under the Fair Labor Standards Act (FLSA) and New York State labor laws.
Signs You’re Being Underpaid or Not Getting Overtime
Many workers don’t realize they’re being underpaid. Look out for these red flags:
- You’re not paid extra even if you work more than 40 hours per week.
- You always get the same pay each week, no matter how many hours you work.
- You don’t receive a clear pay stub.
- Your schedule changes weekly, but your paycheck stays the same.
- You’re docked for “lunch breaks” you never take.
How to Track Your Work Hours (Even If Your Boss Doesn’t)
Keeping your own records is essential. Here’s how:
- Write down your clock-in and clock-out times daily (notebook or app).
- Use free apps like “Timesheet” or “HoursTracker.”
- Take photos of the time clock or messages that confirm your schedule.
- Save copies of any checks or payment receipts.
Important: Even if your employer doesn’t track your hours, you have the right to claim unpaid wages if you can show proof.
I Get Paid in Cash — Do I Still Have Rights?
Yes. Getting paid in cash does not take away your rights.
Many employers do this to avoid paying overtime or taxes, but it’s illegal. If you can prove your work schedule and payment history, you may be able to recover what you’re owed.
What Is the Minimum Wage in New York for 2025?
As of January 2025, the legal minimum wage is:
- New York City (NYC): $16.50/hour
- Rest of New York State: $15.50/hour
If you’re earning less, your employer is breaking the law.
Your Basic Labor Rights in NYC Include:
- Earning at least the legal minimum wage.
- Getting paid overtime for working over 40 hours/week.
- Receiving a clear weekly breakdown of your hours and pay.
- Being protected from retaliation from your employer if you speak up or file a complaint.
Think You’re Missing Wages or Overtime Pay? Let Us Help.
You’re not alone. At Helen Dalton Law, we’ve helped thousands of workers recover what they’re owed — regardless of immigration status.
Book a free consultation today. Talk to a legal team that speaks your language and fights for your rights.
