New York State Salaried Employees:
Are You Missing Out on Overtime Pay?
You might be entitled to overtime pay - even if you’re salaried. Find out if your employer has misclassified you as “exempt” and owes you unpaid overtime wages.
Many New York employees believe they are exempt from overtime pay because they are salaried. The truth? It’s not just about your paycheck—it’s about your pay, job duties, and the law.
Why It Matters
Employers who misclassify employees are breaking the law to avoid paying overtime. If you’ve worked over 40 hours a week without overtime pay, you could be owed back pay.
Consultations are free, and we never charge upfront fees for our work.
Common Misclassification Myths
"I’m salaried, so I’m not eligible for overtime."
False. The exemption is more complex. It comes down to pay and job duties, regardless of whether you are paid hourly or salaried.
"My title has 'Manager' in it, so I must be exempt."
False. Your actual job duties and salary matter—not your title.
New 2024 Overtime Rules in New York State
NYC, Nassau, Suffolk, Westchester Counties:
Salaried employees earning less than $1,200/week ($62,400/year)
are entitled to overtime pay of 1.5 times their regular pay rate for hours over 40 hours/week.
The Rest of New York State:
Salaried employees earning less than $1,124.20/week ($58,468.80/year)
qualify for overtime pay of 1.5 times their regular pay rate for hours over 40 hours/week.
Frequently Asked Questions
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 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.
Job Titles That Are Often Misclassified
- Ad agency employees
- Data Analyst / Data Specialist
- Customer Service Representative
- Installations Coordinator / Installations Representative
- Analytics roles
- Manager / Assistant Manager
- Titles including Manager, Leader, Coordinator, Director
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Contact Getman Sweeney & Dunn
You deserve to be paid fairly for your work. If you are an employee in New York State and you believe you are owed overtime pay, our experienced legal team is here to help you determine if you have a case. Fill out the form below or call us for a free consultation.
Getman, Sweeney & Dunn only handles wage and hour cases. We do not handle wrongful termination, discrimination, or non-wage employment claims. If you are unsure if you have a wage claim, we are happy to help you determine if you do and provide a referral for any non-wage claims.
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Disclaimer: This page provides general legal information and is not a substitute for professional legal advice. Contact us for personalized assistance.
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