New York City Overtime and Unpaid Wage Lawyer

Michael Samuel handles every wage case himself, from the first call through settlement or trial in the Southern and Eastern Districts of New York and the New York state courts. Because he also defends employers in these cases, he knows how the other side values a claim and where it settles. You get a direct answer about what your case is worth before anything is filed.

Call 212-563-9884 for a free consultation.

Employer served with a wage lawsuit? See responding to a wage and hour lawsuit.

Drive a delivery route? See FedEx and Amazon delivery drivers in New York: are you owed overtime?

Work in a restaurant? See what New York’s restaurant wage rules say about overtime, tips and the extra hour.

¿Prefiere hablar en español? Llame al 929-696-1725 o lea abogado de horas extras y salarios no pagados en Nueva York.

Michael Samuel has been counsel in more than 500 federal wage and hour cases in the Southern and Eastern Districts of New York over more than a decade, the large majority for workers and the rest for employers, along with more than 75 wage cases in New York state court since 2020. Written decisions for workers include:

• Yanes v. Juan & Jon Inc. (E.D.N.Y. No. 2:19-cv-00201): summary judgment granted in part for the workers in March 2024, followed by a judgment of $171,286.33 in April 2024.
• Sehgal v. Karena Foods Inc. (S.D.N.Y. No. 1:23-cv-08799): the employer’s motion for summary judgment denied in full, July 7, 2025.
• Lopez v. MNAF Pizzeria, Inc. (S.D.N.Y. No. 1:18-cv-06033): the workers’ motion for summary judgment on liability granted in part in 2021; the defendants were found liable on all claims in 2023.
• Solano v. Andiamo Cafe Corp (S.D.N.Y. No. 1:19-cv-03264): summary judgment granted for the workers in November 2020, on a motion the defendants did not oppose.

In one restaurant case, he represented kitchen workers paid below the minimum wage for four to six years without overtime. Their claims under federal and New York law settled before trial for a confidential amount in excess of $250,000.

Each case, with the court’s decision, is on the results page. Prior results do not guarantee a similar outcome.

Time and a half for every hour over 40. Under federal and New York law, most hourly workers and many salaried workers are owed one and a half times their regular rate for each hour over 40 in a workweek. A job title, a salary or a 1099 doesn’t settle it. In New York City, Long Island and Westchester, a manager or office administrator paid less than $1,275 a week in 2026 ($1,199.10 in the rest of the state) can’t be exempt as an executive or administrative employee.

Six years back. New York law generally reaches back six years. Federal law reaches back two years, or three if the violation was willful.

The unpaid amount can double. If the employer can’t show it acted in good faith, New York adds liquidated damages equal to the wages owed, plus interest.

The employer pays the legal fees if you win. Federal and New York wage law both require an employer that loses to pay the worker’s reasonable attorney’s fees and costs.

You don’t need perfect records. Employers must keep time and pay records. When they didn’t, the law puts the burden on the employer, and workers can prove their hours with a reasonable estimate. Bring whatever you have: pay stubs, texts about your schedule, photos of time sheets.

Your job and your status are protected. New York’s wage protections apply regardless of immigration status. It is illegal for an employer to fire you, cut your hours or threaten to call immigration because you asked to be paid.