Wage & Overtime Disputes

Recover Your Pay With Award-Winning Counsel

All employers in New York must follow laws that regulate how and when they pay their employees. However, some employers ignore these laws, which can result in underpayment for workers. If you believe your employer has paid you less than your lawful wages, you may have grounds to file a claim. Pursuing a claim can help you recover the pay you deserve and hold your employer accountable. The Glennon Law Firm, P.C. is a Rochester employment law firm with significant experience handling wage and overtime disputes. Our team provides quality legal representation for clients facing unpaid wage and overtime issues.

Our Rochester wage and hour lawyers understand the challenges faced by employees in major industries like healthcare, education, and manufacturing throughout the region. If you are seeking a wage and hour attorney in Rochester, our team can provide strategic, personalized guidance to help you assert your rights under New York law. We serve as a trusted resource for clients who need help navigating wage and overtime rules that affect their work and their future.

Help is just a click away – fill out your case evaluation form or call (585) 294-0303 to get started.

How Do I Know If I Can File a Claim?

New York's minimum wage is currently $16.00/hour for upstate New York (as of January 1, 2026) and increases each year. Check the current rate at dol.ny.gov or contact us to discuss whether your employer is meeting their obligations. This means that most full-time workers are entitled to at least this amount each hour they are on the job. Additionally, employers are also required to pay workers one and half times their regular rate for all overtime hours. Any time an employee works more than 40 hours in one week, they must receive overtime pay.

You may have a claim if your employer:

• Wrongly classified you as an independent contractor when you are actually an employee
• Withheld overtime pay
• Denied you required breaks
• Did not count your drive time in your hours worked
• Required you to work through your lunch or meal break

If you are considering your options, a consultation with an overtime violation attorney in Rochester can help you determine whether your situation qualifies for legal action. Our team can explain your rights under New York’s wage and hour laws and help you assess your legal options.

New York imposes a strict time frame on those wishing to file a wage and hour claim. The quicker you take action, the better your chances of recovering the money you are entitled to. Consulting with a wage and hour attorney in Rochester should be the first step you take toward filing your claim.

When you contact our Rochester office, we take a personalized approach to reviewing your claim:

• Initial case evaluation to review your employment history and pay records
• Guidance on organizing documentation, including pay stubs and work schedules
• Clear explanation of the steps and timelines involved
• Overview of how our attorneys can work to recover lost wages and advocate for your interests

Many employees worry about retaliation, but state law prohibits employers from retaliating against workers who assert their wage rights. Our attorneys take these legal protections seriously when advising and representing clients.

Penalties for Wage & Hour Violations

Employers who violate wage or overtime laws in Rochester may face severe penalties. New York law allows for recovery of unpaid wages, liquidated damages (often equal to 100% of unpaid wages), and in some cases, payment of attorneys’ fees. Our attorneys can discuss with you the compensation options that may apply to your case. The New York State Department of Labor investigates wage and hour and overtime violations and may enforce penalties against employers who do not comply with the law.

Why Choose The Glennon Law Firm, P.C.?

Our attorneys bring diverse experience from federal and state clerkships and international law firms, as well as deep connections to Western New York. We take a proactive, strategic approach to every wage and overtime claim, offering tailored solutions for professionals, executives, and business owners. Our goal is to help clients protect their earnings and move forward, fully aware of their rights and legal options. As a local firm, we understand the rules followed by labor agencies in Rochester and throughout upstate New York.

How the Wage & Hour Claim Process Works

Understanding the wage and hour claim process gives you more control over your case and allows you to prepare for each step. We guide clients through each stage and provide clear expectations along the way.

• Document review: Collect your pay stubs, work schedules, and any emails or messages with your employer. These documents are key evidence for your claim.
• Legal evaluation: Our team reviews your claim under New York’s wage and hour laws and considers federal requirements as well.
• Filing a complaint: You may submit a complaint with the New York State Department of Labor or move forward through the courts with guidance from your attorney.
• Employer response: Your employer is notified and can respond or try to resolve the issue before further action takes place.
• Resolution: Wage and hour cases can end in settlement, mediation, or, when necessary, a court decision. We provide strong communication and a strategic plan throughout the process.

Every step in this process has deadlines under New York law, so acting quickly protects your right to seek recovery. We help our clients submit accurate and timely claims to improve their chances of success.

Rely on the expertise of a skilled wage and hour lawyer in Rochester. Contact us or call (585) 294-0303 now to arrange your consultation without delay.

Frequently Asked Wage & Overtime Questions

How do I know if I am misclassified? 

If you receive a 1099 tax form but work scheduled hours or follow company policies like an employee, you may be misclassified. Our team can review your job duties and advise you.

What are the overtime laws in New York?

New York law generally requires employers to pay non-exempt employees 1.5 times their regular rate for hours worked over 40 in a workweek. Certain industries may have additional rules, and employers must follow both state and federal wage laws. If you believe you were underpaid, an experienced overtime violation attorney in Rochester can review your situation and explain your legal options.

How do I know if I am eligible for overtime pay?

Most hourly workers in New York qualify for overtime, and many salaried employees do as well, depending on their job duties and exemption status. Misclassification is one of the most common issues. If you’re unsure whether you qualify, an unpaid overtime attorney in Rochester can evaluate your role, pay structure, and hours to determine your eligibility.

What counts as an overtime violation?

Overtime violations occur when an employer fails to pay the correct overtime rate, misclassifies employees as exempt, alters time records, or requires off-the-clock work. Even small unpaid amounts can add up over time. If you suspect improper pay practices, an unpaid overtime lawyer in Rochester can help identify violations and pursue the compensation you’re owed.

Can I file a wage or overtime claim anonymously?

While your employer will be notified of your claim, New York law protects you from retaliation for asserting your wage rights. If you feel concerned about job security or privacy, speak with our attorneys about steps we can take to help safeguard your interests during this process.

Do I need to live in Rochester to file a claim with your firm?

No, you do not. While we represent many clients in Rochester, we also assist employees throughout Western New York who face wage and hour violations within the state’s jurisdiction. Your location does not limit your right to receive fair pay or to pursue a claim under New York law.

Can I pursue a claim if I’m an undocumented worker? 

Yes. New York wage and hour laws protect all workers, including undocumented employees. Your immigration status does not prevent you from seeking unpaid wages or overtime you are legally owed. Employers cannot retaliate against you for asserting these rights. Speaking with an experienced wage attorney can help you understand your options and pursue your claim safely and confidentially.

What is the statute of limitations to file a wage or overtime claim in New York? 

In most cases, New York allows up to six years to file a wage or overtime claim. This lengthy statute of limitations gives workers significant time to recover unpaid wages, but acting sooner helps preserve evidence such as time records, pay stubs, and witness statements. Consulting an attorney early can strengthen your case and help you pursue the full compensation you deserve.

What types of compensation are available in wage and hour claims?

Compensation may include back pay for lost wages, unpaid overtime, liquidated damages, and sometimes attorneys’ fees. The total recovery depends on your unique circumstances and how New York law applies to your situation.

Will my current job be at risk if I file a claim? 

State law prohibits employer retaliation against workers who assert their rights. If you have concerns, contact our wage and hour attorneys in Rochester to discuss your situation confidentially.

Call The Glennon Law Firm, P.C. Right Away

Not only is it frustrating to lose out on money you deserve, it can seriously impact your life. We know how important it is to obtain justice and are prepared to go the extra mile on your behalf.

When you retain our firm, you can feel confident that your case will be handled as the number one priority. Call (585) 294-0303 or contact us online for the representation you need.