Wage & Hour — New York Unpaid Overtime & Wage Lawyers

Who Is Entitled to Overtime Pay?

Not every employee is entitled to overtime. Under federal and New York law, only non‑exempt workers qualify. Employers sometimes misclassify employees as exempt to avoid paying overtime, but job titles alone do not decide the issue—courts look at actual job duties. Many assistant managers, IT staff, and office employees are legally non‑exempt and entitled to time‑and‑a‑half for hours worked over 40 in a workweek.

What Compensation Can You Recover?

If you succeed in an unpaid overtime case, you may recover the wages you should have been paid, plus an equal amount in liquidated damages. For example, if an employer failed to pay $15,000 in overtime, the court may award $30,000 in total, plus your attorneys’ fees and costs. This means you pay no legal fees to us unless and until we win your case.

Time Shaving Practices

If your employer has engaged in time shaving, you may be entitled to compensation. Unlawful time shaving occurs when employers alter time records to pay less than what employees actually worked. For example, an employee who worked nine hours might be recorded as having worked only 8 hours and 50 minutes.

Time shaving is especially common in the service industry. Employers have wrongfully manipulated both physical time cards and electronic payroll systems to deprive employees of wages they earned.

Employee timesheet — evidence in New York wage and hour overtime cases — Accurate timesheets are critical — New York courts penalize employers who alter or delete records.

Multiple Entities as Employers Under the FLSA and NY Labor Law

In wage and hour disputes, the business that issues a paycheck is not always the only entity responsible for paying wages. Courts recognize doctrines that permit employees to recover from every company or person that, in economic reality, functions as the employer. Two frameworks are most common: the single employer doctrine and the joint employer doctrine.

Single Employer: Integrated Enterprises

Separate companies may be treated as a single employer when they operate as one integrated enterprise. Examples include parent-subsidiary structures or companies under common ownership and management. Courts evaluate the totality of circumstances, often considering: interrelated operations; common management; centralized control of labor relations; and common ownership or financial control. No single factor is dispositive.

Joint Employer: Shared Control Over Work

Two independent entities can be joint employers when they share control over essential terms of employment. Courts look to economic realities, including whether the entities, together: (1) have the power to hire and fire; (2) supervise and control schedules or conditions of work; (3) determine the rate and method of pay; and (4) maintain employment records.

Why This Matters

These doctrines ensure that employees can recover unpaid wages even when one entity is undercapitalized or ceases operations. Federal and New York courts interpret the Fair Labor Standards Act broadly - reflecting Congress's intent that the term "employ" reaches all who effectively permit or suffer work to be done.

Our Approach

Before filing suit, Rapaport Law Firm works with clients to identify every entity and individual that may be liable for unpaid wages. We pursue claims against all proper defendants to maximize the likelihood of full recovery.

Related reading: Successor liability in unpaid-wage cases and our Wage & Hour FAQs.

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