New York Fair Labor Standards Act (FLSA) Lawyer

If you were not paid the wages you earned, a New York Fair Labor Standards Act (FLSA) lawyer at Hach & Rose, LLP can help you pursue the compensation you are owed and hold your employer accountable.

Workers across Manhattan, Brooklyn, and Queens depend on fair pay for the hours they put in—whether on construction sites, in restaurants, on delivery routes, or in office settings. When employers cut corners on wages, misclassify employees, or fail to pay overtime, the impact can ripple through every part of your life.

The Fair Labor Standards Act (FLSA) is a federal law that sets standards for minimum wage, overtime pay, and employee classification. New York law often provides even stronger protections. If your employer failed to follow these laws, you may have a claim.

At Hach & Rose, LLP, we represent working people across New York who are dealing with wage and hour violations. Contact our office at (212) 779-0057 to discuss your situation.

Why Choose Hach & Rose for Your FLSA Case

Wage and hour violations are not always obvious. Employers may rely on complicated pay structures, job titles, or policies that make it difficult to recognize when something is wrong. Having a law firm that understands how these cases are built can make a difference.

At Hach & Rose, LLP, our approach is grounded in representing workers, not corporations. Our long-time connection to the labor movement reflects a long-standing commitment to fair treatment on the job.

Clients turn to our firm because we offer:

• A history of advocating for workers across New York
• Attorneys who prepare cases carefully and thoroughly
• A clear explanation of your rights under federal and state law
• A practical, results-focused approach to wage disputes
• Direct communication throughout your case

When your pay does not reflect your work, it is more than a financial issue—it is a matter of fairness and accountability.

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What Is a Fair Labor Standards Act (FLSA) Claim?

The Fair Labor Standards Act is a federal law that establishes baseline protections for workers related to wages and hours. An FLSA claim arises when an employer fails to meet these legal requirements.

In most cases, workers are not told directly that their rights are being violated. Instead, issues may develop over time through pay practices that seem routine but do not comply with the law.

These are the most common violations of the FLSA that our team handles:

Minimum Wage Requirements

The FLSA sets a federal minimum wage, but New York law often requires higher rates depending on location and employer size. Employers must follow the law that provides the greater benefit to the employee.

If you were paid below the applicable minimum wage, you may be entitled to recover the difference.

Overtime Pay Violations

Most non-exempt employees are entitled to overtime pay—typically one and a half times their regular rate—for hours worked over 40 in a week. Violations of these rules can include:

• Not paying overtime at all
• Miscalculating the overtime rate
• Failing to include bonuses or incentives in overtime calculations
• Requiring extra work without additional pay

Employee Misclassification

Some employers classify workers as independent contractors or exempt employees to avoid paying overtime or providing benefits. Misclassification can occur when:

• Your job duties do not match your classification
• You are labeled as a contractor, but work under employer control
• You are paid a salary, but you do not meet the exemption requirements

Correct classification depends on how the work is performed—not just the title given by the employer.

Off-the-Clock Work

Employees must be paid for all time worked. This includes tasks performed before or after scheduled shifts, during unpaid breaks, or outside normal working hours.

Examples include:

• Setting up or cleaning up before a shift
• Responding to work messages after hours
• Attending required meetings without pay

Even small amounts of unpaid time can add up over weeks and months. We can help track your work and determine how much income you earned versus what you were paid.

How New York Wage Laws Expand on Federal FLSA Protections

While the Fair Labor Standards Act (FLSA) sets nationwide wage and overtime standards, New York law often goes further to provide additional protections for workers. Understanding how these laws work together can make a significant difference in evaluating whether your rights have been violated.

New York’s Minimum Wage

One key difference is the minimum wage. New York has established higher minimum wage rates than the federal standard, with different levels depending on location and employer size. Workers in New York City, Long Island, and Westchester County typically benefit from some of the highest minimum wage requirements in the country. Employers are required to follow whichever law—federal or state—offers greater protection to the employee.

New York law also places stricter requirements on how employees are paid and informed about their wages. For example, employers must provide detailed wage notices and pay stubs that clearly outline hours worked, rates of pay, and deductions. Missing or inaccurate wage statements can create additional legal issues beyond unpaid wages alone.

Spread of Hours Pay

Another important distinction involves spread-of-hours pay, which is unique to New York. In certain industries, if your workday spans more than 10 hours from start to finish—even with breaks—you may be entitled to an extra hour of pay at the minimum wage rate. This rule is especially relevant in jobs with long or irregular shifts, such as hospitality or service work.

Employee Classification Under New York Law

New York also examines employee classification more closely. Employers cannot avoid paying overtime simply by assigning a title or salary. The law examines what you actually do on the job—your duties, responsibilities, and level of control—to determine whether you qualify for overtime protections.

In addition, New York allows workers to pursue wage theft claims under state law, which may provide longer timeframes for recovering unpaid wages than federal law alone. This can be especially important if violations have been ongoing for several years.

Taken together, these protections create a broader safety net for workers in New York. A situation that may seem unclear under federal law could still qualify as a violation under state law. Looking at both sets of rules provides a more complete picture of what you may be owed.

Do I Have an FLSA Case?

Many workers suspect something is wrong with their pay but are not sure whether it rises to the level of a legal claim. We can review your specific circumstances to help determine if you can bring a claim.

You likely have a case if:

• Your paycheck does not reflect all hours worked
• You regularly work more than 40 hours without overtime pay
• You were classified as exempt, but perform non-exempt duties
• You were asked to work off the clock
• Your pay structure changed in a way that reduced your earnings without explanation

Patterns matter. A single paycheck issue may be a mistake, but repeated discrepancies can indicate a larger problem.

It is also common for multiple employees to be affected by the same pay practices. In some cases, claims can involve groups of workers who were treated similarly.

What Should You Do If You Are Not Being Paid Properly?

If you believe your employer is not paying you correctly, taking a few careful steps can help protect your rights and clarify your options.

Start by keeping records of your work hours and pay. Pay stubs, schedules, and personal notes about hours worked can provide valuable information. If your employer uses a timekeeping system, try to keep copies or screenshots when possible.

It can also help to review your job description and your role classification. Understanding whether you are considered exempt, non-exempt, or an independent contractor is an important part of evaluating your situation.

If possible, compare your experience with coworkers. If others are dealing with similar issues, it may indicate a broader practice rather than an isolated problem.

Before raising concerns internally, it may be useful to understand your legal position. In some situations, how and when you address the issue can affect what happens next. Reach out to our team to better understand your rights and whether your employer may be violating the law.

Who May Be Held Liable in a New York FLSA Claim?

In most cases, the employer is responsible for wage and hour violations. This includes businesses of all sizes across industries.

Liability may extend beyond the company itself to include individuals who have control over pay practices, such as:

• Owners
• Executives
• Managers responsible for payroll decisions

In some cases, multiple entities may be considered joint employers, particularly when workers are placed through staffing agencies or subcontracting arrangements. Understanding who is responsible requires examining how decisions about pay and classification are made.

What Damages Are Available in an FLSA Lawsuit?

If your employer violated wage and hour laws, you may be entitled to recover compensation for what you were not paid. This can include:

• Unpaid wages
• Unpaid overtime
• Additional damages equal to the unpaid amount in certain cases
• Interest on unpaid wages
• Attorney’s fees and costs

The goal is to compensate you for the full amount you should have received under the law. The total value of a claim depends on how long the violations occurred and how much compensation was affected over time.

What Is the Deadline for Filing an FLSA Claim?

FLSA claims are subject to specific time limits. In general:

• You may have two years to file a claim for unpaid wages
• In cases involving willful violations, the deadline may extend to three years

New York law may provide additional avenues with different timeframes, which can sometimes allow for recovery over a longer period. Because these deadlines can affect how much compensation you are able to recover, it is important to act quickly.

How a Hach & Rose Lawyer Can Help You

Wage and hour cases often involve detailed records, employer policies, and legal standards that are not always easy to interpret. Our role is to examine those details and build a clear picture of what you are owed.

We begin by reviewing your pay structure, job duties, and work history. This helps us identify where violations may have occurred and how they affected your earnings.

Our team will:

• Evaluate whether your classification aligns with your actual job duties
• Review wage records to identify discrepancies or unpaid time
• Determine whether overtime was calculated correctly
• Identify whether other workers may have been affected
• Handle communication with your employer and their representatives
• Prepare your case for negotiation or further legal action if necessary

We understand that wage issues can affect your ability to meet everyday expenses and plan for the future. Our goal is to help you recover what you earned and move forward with greater financial stability.

FAQs About FLSA Claims in New York

Contact the Trusted New York Fair Labor Standards Act (FLSA) Lawyers at Hach & Rose Today

You put in the hours. You did the work. You should be paid fairly for what you earn.

When employers fail to follow wage laws, it can create lasting financial strain. Taking action is one way to address that imbalance and hold them accountable.

At Hach & Rose, LLP, we represent workers across New York who are dealing with unpaid wages, overtime violations, and misclassification issues. If you believe your rights have been violated, you can take the next step toward understanding your options.

Call (212) 779-0057 now to speak with our team.

Get a free consultation