The cost of living is pretty high right now, and every dollar counts. That means a lot of people are willing to work overtime for a little extra money in their paychecks when they have the opportunity.
Unfortunately, they don’t always receive what they are due. While most workers in New York are entitled to time and a half for any time worked above 40 hours in a week, employers can be creative about “hiding” overtime and underpaying. Here are some of the tactics they use.
Misclassification
Under the Fair Labor Standards Act (FLSA), certain employees in executive, administrative and professional roles may be exempt from overtime rules. Employers will sometimes purposefully misclassify workers who don’t meet that criteria just to deny them overtime.
“Off-the-clock” work
Asking an employee to be a “team player” and clock out but keep working or jump into a shift before they’ve clocked in is another favorite tactic of some employers. They may also demand that their employees set up their workstations, attend mandatory meetings or clean up after a shift outside of their paid time.
Shifty timekeeping practices
Common ruses include rounding down clock-in and clock-out times, automatically deducting for breaks that were never given or simply erasing hours from records. Some managers may also “shift” an employee’s overtime hours to the next pay period and then schedule them to work less once a busy period is over, effectively keeping their weekly hours under 40.
The primary motivation for denying workers their fair overtime wages is money. By avoiding overtime pay, employers can reduce their labor costs. In some cases, managers are financially rewarded when they keep overtime down – and penalized with cut bonuses when they don’t, so the money issue can sometimes be personal for the bosses.
If you have been denied overtime pay that you’ve earned, you have the right to question your employer about it without negative repercussions. If that doesn’t help or if you suffer consequences for seeking payment you’ve earned, it can help to get legal guidance to protect your rights.
