The Role of Overtime in Wage Theft Cases in New York
The laws in New York are clear. A person who works more than the set number of normal hours per week is entitled to additional compensation through overtime pay. In some situations, not paying that overtime can lead to wage theft, meaning the employer was not paying employees the fair compensation owed. Consider the role that overtime itself plays in wage theft cases. A Syracuse unpaid wages claims attorney from Gattuso & Ciotoli, PLLC, can assist your case.
When Is Overtime Provided
Under labor laws, rules are established with the expectation that employees will be treated fairly for the work they provide. Those who exceed the standard workweek must be paid fairly. Under the law, employees who are paid at an hourly rate are owed overtime if they work more than 40 hours per workweek. These laws apply across the board to all employees employed at an hourly rate.
What Is Wage Theft?
Wage theft is a term that refers to illegal actions or unfair practices that result in an employee not receiving their rightful compensation for the work they provide. This can happen in a wide range of ways, such as not providing pay for work completed or not adhering to overtime laws.
Suppose overtime pay regulations are violated or manipulated, and an employee does not receive the additional compensation they are legally required to receive for working beyond 40 hours in a given workweek. In that case, the employer may be subjected to wage theft claims.
How Does This Occur?
There are various situations in which wage theft can occur and be related to a lack of legally required overtime pay.
- Misclassification of employees: In situations where an employee is misclassified as being exempt from overtime pay, such as unfairly being classified as a salaried employee, that could lead to wage theft.
- Off-the-clock work: If an employee is made to work without clocking in, that could be a component of wage theft, especially if the employee works beyond the 40 hours required.
- Forced compensatory time off: In a situation where an employee is given comp time instead of overtime pay, that is also a form of wage theft and can be a violation of legal standards. Employees cannot be coerced into working more without pay just to have a day off.
- Unauthorized work hours: Employers cannot alter the records of an employee to show they worked fewer hours than they did. This is a form of manipulation that often occurs without the employee knowing it occurred.
- Unpaid breaks or on-call hours: If employees are required to be on call or employees who are forced to work through required beaks, it may also be a violation of the law.
Wage theft is not uncommon, but it is a legal action that should not be condoned. Though it may be challenging to prove in some cases, with the increased support from an employment attorney, it may be possible to ensure you are paid fairly. Overtime manipulation is a type of wage theft you do not want to ignore.