Common Overtime Violations by Employers in New York
What are some Common Overtime Violations by Employers in New York? New York Overtime Lawyer Explains
Under federal and state law, overtime wages must be paid for all hours worked over 40 hours in a workweek at a rate of 1.5 times the employee’s regular rate of pay. This can quickly become expensive for employers. Because of this, many employers try to cut corners to avoid paying overtime. However, many times this can result in an overtime violation. As a New York City overtime lawyer, we know at SAMUEL & STEIN many of the common overtime violations that employers get for trying to cheat employees out of overtime. Learn what they are to protect your rights to the compensation are desire and earned.
Some common overtime violations in New York include the following:
Treating Employees as Exempt When They are Not – One of the most common overtime violations is when an employer treats an employee exempt when the employee is not. The most common violations are the “executive employee exemption” or “administrative employee exemption.” Employers typically make an employee a “manager” or an “executive assistant,” therefore he or she is exempt from overtime. However, if the employee has no powers of an executive or supervisor, even with that title, the employee is still entitled to overtime. The New York Labor Law looks at the acts and function of the employee, not the title.
Having Employees Work Off the Clock or Volunteer Time – When an employer asks an employee to work off the clock, volunteer time, or agree to not seek overtime, that is a violation of New York Labor Law. Employers are not allowed to have employees who are entitled to overtime waive their rights to it.
Cheating on Hours or Paychecks – Some employers will manipulate hours works and a “workweek” in an effort to keep an employee’s hours under 40 hours in a workweek. However, while the Labor Law allows an employer to set the “workweek,” that workweek must be constant and cannot be changed each pay period to manipulate the total hours. Also, sometimes an employer will subtract hours for an employee taking breaks, long lunches, being late, or leaving early when none of those acts occurred. Further, employers are not allowed to deduct wages from an employee’s paycheck for alleged breaks.
Not Sure if You Are Getting Paid Your Overtime Wages Properly? Call Our New York City Overtime Lawyers Today!
The experienced New York City Wage and Hour attorneys at SAMUEL & STEIN are dedicated to asserting and defending the rights of employers and working people throughout New York and New Jersey. We have the resources, experience, and knowledge necessary to ensure your legal rights are protected and you are not taken advantage of. Call us today by dialing (646) 480-2149 or use the convenient “Evaluate Now” box on our webpage. Together we can help answer your questions and protect your rights.