Unpaid overtime
Over 40 hours in a week paid at straight time, a flat weekly amount, or not at all. The premium is owed whether you are paid by check or in cash.
PAY PROBLEM 01
Unpaid overtime
What it looks like
- A flat weekly amount for 50 or 60 hours
- Straight time for every hour, including the ones over 40
- A “salary” or a day rate with no overtime
- Hours split across two checks or two companies
What the law says
Federal, New York and New Jersey law require one and a half times your regular rate for every hour over 40 in a week (over 44 for live-in domestic workers in New York). Florida follows the federal rule. Cash pay and missing records do not change it: keeping accurate records is the employer’s duty. The federal claim reaches back two years, three if willful; New York and New Jersey reach back six.
Useful to have
Your usual start and end times, how you were paid, and any texts or schedules you already have. You do not need any of it to start.










