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Can I Sue for Unpaid Overtime?

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

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Jun 10, 2026

Read Time: 4 mins

Can I Sue for Unpaid Overtime?

As an employee, you are entitled to receive compensation for the time you spend working. Unfortunately, not all employers pay their employees what they are owed. If you have worked overtime and haven’t been compensated for it, there is a possibility you might be able to sue for unpaid overtime. Unpaid wage claims are best handled by a New York or New Jersey employment lawyer who has plenty of experience in this particular area of the law.

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our labor law attorneys routinely handle unpaid wage and overtime claims. After reviewing your case, your lawyer can determine whether you are eligible to file a claim for unpaid overtime. One of the major considerations is whether you are an exempt employee or not.

Are you an exempt employee?

Most jobs fall under the jurisdiction of the Fair Labor Standards Act (FLSA). This law establishes labor-related requirements, such as the payment of hours worked overtime. The law separates employees into exempt and non-exempt employees. A non-exempt employee is entitled to receive pay for overtime. An exempt employee is not entitled to receive overtime pay. You are considered an exempt employee if any of the following apply to you:

You are paid at least $23,600 per year.
You are paid on a salary basis, rather than an hourly basis.
You perform exempt job duties.

Exempt jobs are typically outside sales positions, such as contractors, as well as jobs that are considered to be professional, supervisory, or executive. Other examples of exempt positions are as follows:

Volunteers
1099 contractors
Certain computer specialists who earn at least $27.63 per hour (including programmers and software engineers)
Outside sales positions (employees who routinely work away from the business site)
Seasonal employees of amusement or recreation businesses (including county fairs and ski resorts)
Newspaper deliverers
Criminal investigators
Some switchboard operators
Fishing operations workers
Employees of organized camps that operate for fewer than seven months per year

Casual domestic babysitters are also exempt from receiving overtime pay under the FLSA.

Employees who are exempt are not eligible to sue employers for unpaid overtime under the FLSA.

What is considered “overtime?”

If it’s determined that you are a non-exempt employee, then you may be eligible to file a claim for unpaid overtime wages—as long as you really did work overtime without being compensated for it. Federal law dictates that an employee who works longer than 40 hours in any one week is entitled to receive overtime pay. Usually, overtime pay is time and a half, or 150% of your usual rate of pay.

If you were not paid at all for your overtime hours, or if you were only paid at your usual rate of pay, you may be entitled to seek damages.

Damages available when you sue for unpaid overtime

When you sue for unpaid overtime, the amount of money you may recover is referred to as your “damages.” Unpaid overtime claims may result in different categories of damages. If you win your claim, you are entitled to receive the full amount of your unpaid wages. You may also be entitled to receive interest on those unpaid wages. Sometimes, penalties apply to unpaid overtime claims. In addition, your employer will be required to pay your attorneys’ fees.

Schedule a consult to discuss your rights under employment law

At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our legal team has extensive experience protecting the rights of workers in New York and New Jersey. We regularly handle matters pertaining to compliance with federal and state labor laws, including the Americans with Disabilities Act (ADA) and the Fair Labor Standards Act (FLSA).

Our AV-rated law firm invites you to schedule a consultation with an employment lawyer to discuss the overtime violations. The consultation is free, and there is no obligation to pursue a legal claim. Call us today to request an appointment with a knowledgeable New York employment lawyer.

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Client Reviews

    
 
 
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   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 22 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 
 86 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 
 89 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 
 95 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 
 101 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 
 124 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 
 137 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 
 144 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 
 147 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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Can I Sue for Unpaid Overtime?

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