How do I know if I’m exempt from overtime?
There are specific exemptions defined by federal and state labor laws, and our team can help determine if you are legally exempt.

The most common exemptions in New York State are:

• The employee’s primary duty is managing a business or department, they regularly supervise two or more employees, and they have the authority to hire, fire, or make significant recommendations about employment decisions.
• The employee’s primary duty is performing office or non-manual work related to management or general business operations, and they exercise independent judgment on significant decisions affecting the business operations.
• The employee’s primary duty is making sales or obtaining contracts outside of the employer’s place of business.
• The employee’s work requires advanced knowledge in a specialized field. Some examples include: medicine, engineering, education, computer programming or systems analysis.

How do I know if I have been misclassified as an independent contractor?
Here are some of the key federal and state criteria that commonly show a worker has been misclassified. Our team can assess whether your contractor classification is lawful.

• The company controls how, when, or where you work
• You must follow the company’s procedures, training, or supervision
• You work set hours or must request time off
• The company provides your tools, equipment, or workspace
• Your work is essential to the company’s core business
• You work for the company long-term, not project-to-project
• The company handles business tasks like expenses or reimbursements

How far back can I claim unpaid overtime?
You may be able to claim up to 6 years of back pay under NYS labor laws.

What if I’ve already left the job?
You can still file a claim for unpaid wages.