55 hours a week. On your paycheck – pay for 40. The boss says, “that’s how it’s done in this industry” or “you’re on salary, so you’re not entitled to overtime.” In most cases, they are lying. Federal and state law clearly define who is entitled to overtime – and provide the tools to recover it. With penalties.
Who is entitled to overtime – and who is truly “exempt”
FLSA and NY Labor Law: 1.5x the hourly rate for every hour over 40 per week. Exceptions? They exist – for certain executive, administrative, and professional positions. The problem is that employers abuse these exceptions on a massive scale.
A classic scheme: you classify an employee as a “manager” to avoid overtime. Except this “manager” doesn’t manage anyone, doesn’t make personnel decisions, and does the same work as the rest of the team. Or you hire someone as an “independent contractor” – but you control their hours, workplace, and tools. That is not a contractor. That is an employee who is entitled to overtime.
If you are not sure whether you are entitled to them – you probably are. The burden of proving that you are “exempt” from overtime lies with the employer. Not you.
The most common tricks – how employers cheat
Paying in cash without time records. Forcing work before opening and after closing – preparing the station, cleaning, commuting to the construction site. Rounding hours down. Deducting breaks you didn’t have. Paying one rate for all hours (75 hours × $15 instead of 40 × $15 + 35 × $22.50).
What does this mean in practice? If your rate is $15/h and your employer doesn’t pay overtime for 15 hours a week, you lose $112.50 per week. Annually: $5,850. Over 3 years: $17,550 – plus the same amount in penalties (liquidated damages) plus interest. The amounts add up quickly.
New York State law requires the employer to keep time records. They don’t? The burden of proof shifts to them. Your notes – text messages from the boss, photos of the schedule, notes on your phone – become key evidence.
→ Suspect you aren’t getting paid in full? Check out Jodré Brenecki’s profile in the PolishPages directory.
What to look for when choosing a wage and hour attorney
- Experience in wage & hour cases in federal and state courts – in New York, you can pursue claims for 6 years (state) vs. 2–3 years (federal). A good attorney will choose the jurisdiction that yields more money. This is not an obvious choice – it depends on the specifics of the case.
- Handling class action lawsuits – if your employer is cheating you, they are almost certainly cheating your coworkers as well. A class action lawsuit significantly increases pressure for a settlement and lowers individual risk.
- Understanding the realities of Polish workers in NYC – fear of losing a job, concerns about status, lack of knowledge of the system. An attorney who speaks Polish and knows this context will help you make an informed decision instead of acting out of panic.
- No upfront fees – in overtime cases, legal fees are usually paid by the losing party or deducted from the settlement amount.
→ The Jodré Brenecki law firm handles overtime cases in state and federal courts – check out their profile in the PolishPages directory.
Every unpaid hour is money that someone owes you. The law allows you to recover it for up to 6 years back – with penalties. The longer you wait, the more you lose. Call for a free consultation: 347-563-2605.
