Claiming Unpaid Overtime Wages in New York
Am I eligible to collect unpaid overtime from my employer?
The New York overtime minimum wage is $21.30 per hour, one and a half times the regular minimum wage of $14.20. If you earn more then the New York minimum wage rate of $14.20, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
If your employer has failed to pay you a proper overtime wage for any amount of qualifying overtime worked, you are eligible to receive back wages and possibly additional damages from your employer.
The Fair Labor Standards Act (FLSA) explicitly protects New York workers who file an overtime complaint from being penalized by their employer for filing the complaint with threats, suspension, or firing. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.
How can I collect back wages if my employer owes me overtime?
After checking to ensure that your job is not exempt from overtime under New York law, the next step to take in filing an unpaid overtime claim is submitting an official complaint including all pertinent information to your local Department of Labor office. If the New York Department of Labor cannot solve your overtime case, you can file a civil claim with the New York state court system by levying an unpaid overtime lawsuit against your employer.
Contacting the Department of Labor in New York Regarding Unpaid Overtime
If you believe you are owed unpaid overtime, or think your employer is not complying with other labor laws, your first point of contact is your local field office of the Federal Department of Labor. There are seven field offices located in New York.
Contact the office nearest to you, and they will be able to advise you of your legal rights and your next steps. You may want to have your employer's information and any relevant paystubs available. Remember, it is illegal for your employer to punish you for speaking to the Department of Labor! You can find contact information for the New York Department of Labor here.
US Dept. of Labor Wage & Hour Division Leo W. O'Brien Federal Building Room 822 11A Clinton Avenue Albany, NY 12207
Jay Rosenblum, District Director
P: (518) 431-6460
U.S. Department of Labor Wage & Hour Division 2 Metro Tech Center, 7th Floor 100 Myrtle Avenue Brooklyn, NY 11201
Dinah Solivan, Asst. District Director
P: (718) 254-9410
US Dept. of Labor Wage & Hour Division 130 S. Elmwood Avenue Room 534 Buffalo, NY 14202
Michael Fitzgerald, Asst. District Director
P: (716) 842-3240
US Dept. of Labor Wage & Hour Division 1400 Old Country Road Suite 410 Westbury, NY 11590-5119
Irv Miljoner, District Director
P: (516) 338-1890
US Dept. of Labor Wage & Hour Division 26 Federal Plaza, Room 3700 New York, NY 10278
Vacant, District Director
P: (212) 264-8185
US Dept. of Labor Wage & Hour Division 100 South Clinton Street FOB Room 1373 PO Box 7245 Syracuse, NY 13261
John Steves, Assistant District Director
P: (315) 448-0630
US Dept. of Labor Wage & Hour Division 140 Grand Street Suite 304 White Plains, NY 10601
Sonia Rybak, Asst. District Director
P: (914) 682-6348
New York Min Wage - $14.20 per hour as of 2023