Unpaid Overtime Lawyer in New York City

Is Your Employer Not Paying You the Wages You Are Due?

In the state of New York, employees are to be fairly compensated for the work they complete, including at least the minimum wage and potentially additional compensation for overtime work. For certain workers who are paid an hourly rate, time-and-a-half may be applied when working in excess of 40 hours in one week.

When employers fail to pay rightful wages or overtime, this can be considered wage theft. If you work in New York City, you are protected under both state and federal laws and may be able to pursue compensation if you have not been paid fairly.


Speak with Musa-Obregon & Associates for a free evaluation of your case!


Employee Rights Under FLSA

Established in 1938, the Fair Labor Standards Act (FLSA) was created to enforce the principle that all American workers should be properly paid for the work they complete.

Under FLSA, there are two provisions when it comes to payment from an employer:

  1. Minimum wages: So long as an employer meets the requirements to be covered under federal law, they are required to pay the minimum wage of $7.25 an hour. Since the state of New York’s minimum wage is currently $8.75 an hour, this higher amount must be paid for all NY employees. It is scheduled to be raised to $9.00 an hour in 2016.
  2. Overtime wages: For employers who meet federal law standards, they are required to pay any non-exempt employees for time they worked beyond 40 hours in one week. They are to be paid time and a half that employee’s normal hourly rate.

How Our NYC Employment Lawyers Can Help

If your rights have been violated in relation to either of the above provisions, you have two years to file a lawsuit with federal court against your employer. If the FLSA violation appears to have been willful by your employer, you have up to three years. Additionally, your attorneys’ fees and liquidated damages that double the actual amount owed to you may be recovered.

In New York, employees have the ability to sue for wage theft from up to 6 years prior. You can also pursue overtime wages under state law as well. State law and federal claims can be litigated at the same time in federal court, in order to achieve maximum recovery.

Rights for Undocumented Workers in NY

Under the law, undocumented workers are still required to be paid legal wages and are protected if they are not fairly compensated. The court will require employers to pay their employees for improper compensation, regardless of whether or not they are legally in the U.S. In these cases, employers are not able to bring up immigration issues as a defense as to why they did not pay rightful wages or overtime.

Call for a Free Consultation with Our NYC Overtime Lawyers

At Musa-Obregon & Associates, we understand that federal and state wage and hour laws are very complex. If you believe that you were improperly paid for work you completed in New York City, Queens, Manhattan, The Bronx or anywhere in New York, do not hesitate to retain an accomplished legal team from our firm.

We can investigate every facet of your case and discover the best course of action to take, especially if other co-workers experienced the same treatment. Let us fight on your behalf and seek out the financial restitution that you deserve!


Call our New York City wage and hour attorneys with 100 years’ combined experience!

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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