What to Do If You Think Your Employer Owes You Overtime Pay
In employment relationships, the employer is often seen as having all the power. However, employment law offers you protections. If your employer has consistently undercompensated you for overtime, they may owe you a great deal of money.
It is likely that you will not want to initiate a dispute if you are unsure whether your employer is in the wrong. This article, approved by an overtime claims lawyer in Syracuse, helps you determine what to consider and what to do if you think your employer owes you overtime pay.
Understanding Your Overtime Rights
New York State has comparatively robust protections for employees regarding overtime. The New York State Attorney General confirms that employers are required to remunerate employees at 1.5 times their regular hourly rate when they work more than 40 hours in a single week.
There are certain exceptions, but in most instances, this simple rule applies. Proving your weekly work hours should be possible. The Department of Labor (DOL) requires employers to keep detailed records of employees’ hours worked, which should be reflected on pay stubs.
How Some Employers May Attempt to Conceal the Fact That You Are Eligible For Overtime Pay
Some work hours may not reflect on typical time sheets. Nevertheless, the employee was working at the time. You can use the DOL’s fact sheet to determine what constitutes paid work time and what does not. If you were required to work hours that were not recorded, you should still be remunerated. Gather evidence showing that you were working additional hours.
Typical approaches to what amounts to wage theft include:
- Off-the-clock work
- Misclassification of employees as contractors or managers
- Requiring employees to work through breaks
- Forcing workers to take time off in exchange for overtime
- Not factoring in on-call work required after normal working hours
Misclassification is a particularly complex area that is commonly exploited. According to research by the National Bureau of Economic Research, there has been a sharp rise in the use of managerial title designations that employers believe exempt them from their obligation to pay overtime. If you believe this is happening to you, consider whether your work really does include any management duties. Your work defines your employment status and eligibility for overtime, not your job title.
What You Can Do if Your Employer Owes You Overtime Pay
Clerical errors can happen, so discussing the matter with your HR department can be a good starting point. However, if you are concerned about retaliation or do not receive a satisfactory response, you should get advice from an employment lawyer.
Although you can file a complaint with the New York Department of Labor or attempt to address the matter in the small claims court, this approach may be seen as overly aggressive. This could make things uncomfortable for you if you are still working for the employer.
Negotiating with your employer with the help of an employment lawyer often produces a more satisfactory result. It also sends a silent message that you will seek recourse if your employer attempts to retaliate.