New York overtime pay law: 6 years to file

the short answer

New York's own wage order carries the same time and a half past 40 — 44 hours for a residential employee — and it reaches workers the federal exemptions leave out, for whom the rate is one and a half times the minimum wage rather than their own. What makes the state claim worth bringing is the clock: six years back, not two.

source ↗Not yet checked against the statute.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

Which overtime law applies in New York?

governing statute

12 NYCRR § 142-2.2

source ↗Not yet checked against the statute.

What can you recover for unpaid overtime in New York?

penalty

The full underpayment, costs, reasonable attorney's fees, and liquidated damages of 100% of the wages found due unless the employer proves a good-faith belief that it was complying (N.Y. Lab. Law § 663(1)).

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How long do you have to claim unpaid overtime in New York?

limit

6 years

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Where do you report unpaid overtime in New York?

free route

The Division of Labor Standards takes the Labor Standards Complaint Form, form LS223, and it names overtime on its face along with unpaid wages, illegal deductions, minimum wage and missed meal periods. Expect a letter with a case number in 25 to 30 business days. The Division may decline a claim for wages earned more than three years ago.

source ↗Not yet checked against the statute.

Which court hears a case like this in New York?

which court

Small Claims Part of the New York City Civil Court

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How much can you sue for in New York small claims court?

small claims limit

$10,000

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exceptions: In town and village justice courts the limit is $3,000.

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What else should you know in New York?

also

Section 198(1-a) takes liquidated damages up to 300% of the wages found due for a willful violation, and adds prejudgment interest.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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Can I sue for unpaid overtime in New York?

Which overtime law applies in New York?

What can you recover for unpaid overtime in New York?

How long do you have to claim unpaid overtime in New York?

Where do you report unpaid overtime in New York?

Which court hears a case like this in New York?

How much can you sue for in New York small claims court?

What else should you know in New York?

That is the rule. Whether it is your answer is a different question.