Millions Recovered
For Unpaid Workers
New York provides some of the strongest wage protections in the nation, including a 6-year statute of limitations, spread of hours pay, and liquidated damages for unpaid overtime.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
New York Labor Law offers significantly stronger wage protections than federal FLSA, including a 6-year statute of limitations (triple the federal period), mandatory spread of hours pay, and 9% annual interest on unpaid wages. When state and federal laws differ, the law most favorable to the employee applies.
| Provision | New York Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 40 hours/week (44 for residential employees) | 40 hours/week | Most protective (NY for residential) |
| Minimum Wage | $17.00/hr (NYC/LI/Westchester) $16.00/hr (Rest of State) |
$7.25/hr | New York (higher) |
| Tipped Wage (Service) | $10.65 - $11.33/hr | $2.13/hr | New York (higher) |
| Statute of Limitations | 6 years | 2-3 years | New York (3x longer!) |
| Liquidated Damages | 100% of unpaid wages + 9% annual interest | 100% of unpaid wages | New York (includes interest) |
| Spread of Hours | Extra hour pay if workday > 10 hours | No equivalent | New York only |
| Exempt Salary Threshold | $1,275/wk ($66,300/yr) NYC/LI/Westchester $1,199.10/wk ($62,353/yr) Upstate |
$684/week ($35,568/year) | New York (harder to classify as exempt) |
NY Labor Law § 663(3)
New York allows you to recover unpaid wages for up to 6 years — triple the federal 2-year limit. This means significantly higher recoveries for long-term violations.
Example: If you were misclassified for 5 years, you can recover all 5 years of unpaid overtime in NY (vs. only 2-3 years under FLSA).
12 NYCRR § 142-2.4
If your workday spans more than 10 hours (from first task to last, including breaks), you must receive one additional hour of pay at minimum wage.
Common in: Restaurants, healthcare, retail, security.
NY Labor Law § 198(1-a)
Employers who fail to pay overtime owe:
12 NYCRR § 142-2.2
Live-in employees (home health aides, superintendents, etc.) are entitled to overtime after 44 hours/week, not 40.
NY Labor Law § 651(5)
To be classified as exempt (no overtime), you must earn at least $1,300/week ($67,600/year) AND perform true executive/administrative duties. Job title alone is not enough.
NY Labor Law § 195
Employers must provide written notice of pay rate, overtime rate, and pay schedule. Failure to comply can result in penalties up to $5,000 per employee.
Violations: Spread of hours violations, unpaid prep/closing time, tip credit abuse, mandatory unpaid meetings.
Recovery: Spread pay + overtime + liquidated damages.
Violations: Off-the-clock charting, mandatory training, on-call time, missed meal breaks.
NY Advantage: 6-year lookback captures years of unpaid time.
Violations: Misclassification as independent contractors, unpaid travel time, prevailing wage violations.
Recovery: Overtime + prevailing wage differential + liquidated damages.
Violations: Off-the-clock opening/closing, unpaid inventory, assistant manager misclassification.
Spread of Hours: Common for employees working split shifts or long days.
Violations: Unpaid loading/unloading, vehicle maintenance time, misclassification.
NY Advantage: Stricter independent contractor tests.
Violations: "Manager" misclassification, unpaid after-hours emails, salary basis violations.
Exemption Test: Must earn $1,300+/week AND pass duties test.
1.5x your regular rate for all hours over 40/week (or 44 for residential employees)
Additional hour at minimum wage for workdays exceeding 10 hours (NY-only benefit)
100% of unpaid wages (effectively doubles your recovery)
9% annual interest from date wages were due (compounds your recovery)
Employer pays your legal fees separately. This is NOT taken from your recovery.
Up to $5,000 per employee if employer failed to provide required wage notices
Under NY Labor Law § 663(3), you can recover unpaid wages for up to 6 years — triple the federal 2-3 year limit. This means significantly higher recoveries for long-term violations.
⚠️ Don't wait - you lose older claims as time passes!
If you were misclassified for 5 years and owed $2,000/year in unpaid overtime:
New York's wage laws are among the most employee-friendly in the nation, providing significantly stronger protections and higher recoveries than federal FLSA alone.
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We only get paid if you recover wages. Free consultation to evaluate your case.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.