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Does Your Employer Owe You Overtime Pay?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 28, 2026

Read Time: 3 mins

Has an employer denied you overtime pay? Currently, this seems to be an ongoing issue in several employment sectors, including the restaurant, tourism, transportation and tech industries.

You should know that in these cases, class action lawsuits have proven effective in obtaining back wages for victims of wage theft. Remember, if you work more than 40 hours per week, in most cases, you should be paid overtime.

There are some grey areas in employment law when it comes to workers who are in management or contracted positions, who are not hourly employees, when it comes to overtime. Nevertheless, if you have questions about this, you should speak to our attorneys. Keep in mind, in some cases, employees are misclassified by companies as salaried (or exempt) workers in an attempt to save money.

The Fair Labor Standards Act (FLSA) governs overtime pay, while there are state and local laws that also apply to wages. Companies that violate these laws can be held liable.

You should be paid for all of the hours you work. It is not fair for an employer to profit off you without providing you with a legal wage. Common ways employers do this is by giving management job titles to workers without pay raises and by erroneously calculating hours worked.

In the restaurant industry in particular, it is not uncommon for some workers to be asked to come into work early, while being told not to clock in depending on how busy an establishment is. In many cases, this is illegal, and it has led to lawsuits.

An Overtime Lawsuit Example

Last year, TGI Friday’s was accused of overtime violations in a Manhattan case. The lawsuit accused the company of minimum wage, overtime, tip and deduction violations. A judge is expected to rule on whether more than 30,000 employees can join the lawsuit soon.

Aside from TGI Friday’s, other restaurants that have been accused of wage violations include McDonalds, Subway, Dominos Pizza and Dunkin’ Donuts. Additionally, several tech companies, including Apple and Google, have been accused of wage and overtime violations.

Speak with one of our employment attorneys to learn how we may be able to assist you with an overtime claim. We want to make sure that you receive fair compensation for all of the hours you work.

Gary S. Graifman, Esq. and Randy J. Perlmutter of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. are both here to assist you.

Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. – Class Action Lawyers

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Client Reviews

    
 
 
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   LWelsh 
 11 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 32 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 96 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 99 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 105 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 111 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 134 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 154 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 157 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Does Your Employer Owe You Overtime Pay?

An Overtime Lawsuit Example

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