How to Prove a Wage and Hour Violation in New York
Employees have the right to clear and transparent wages. In situations where you feel you were not paid as you should, it is your right to ask for clarification and seek legal action if you need to do so. Proving wage and hour violations in New York can seem challenging if you do not have specific documentation to support your claims. There are several things you can still do in these situations. A Syracuse employment law attorney from Gattuso & Ciotoli, PLLC, can help.
Protecting Yourself from Wage and Hour Violations
The burden of proof that your rights were violated falls on the shoulders of you. That means you need to show what occurred and why you believe it was inaccurate or unfair. The following are some tips that may help you do that.
- Write down when you work. Make sure you document when you start working, when you take breaks, and when you leave for the day. If you receive a paper slip that shows these actions, verify they are right and then keep them.
- Verify the accuracy of your paycheck right away using the documented times you recorded. This means you will need to verify the hours are accurate and match. Verify the pay you agreed on is accurate.
- Write down your complaint to your employer about unfair wage and hour violations. Do not just ask about it, but write down the complaint. If possible, send it in an email to document what occurred more permanently.
- If you believe you were not paid for overtime you had the right to earn, verify that you are legally required to be paid overtime and not considered a salaried employee. Note any deviation from this in writing to your employer.
- Find out if other employees have had similar instances of not being paid as they expected and what happened when they reported it.
- Keep records for all of your other costs, too, including how much is being submitted with each check for state and federal taxes and Social Security. If you are putting money towards retirement accounts, keep track of those expected deposits. Also note that if you have to wait a certain length of time to be vested, document that as well.
In many situations, violations of wage and hour laws in New York come down to the employer’s statements and the employee’s statements. Since most people do not take the steps above to monitor their hours and verify accuracy, that creates a situation in which employers may not feel they have to be accurate.
In all situations, you have the right to be an employee under the Department of Labor in New York. You can file a complaint directly online. In other situations, it may be beneficial to speak to an employment attorney about what you are facing. This is very important if you and other coworkers continue to experience violations of your page or benefits. Do not wait. Document all you can to ensure you can take action when there is a need to do so.