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Are You Being Cheated Out of Overtime Pay?

Some employers, especially those struggling financially, find ways to take advantage of employees. One of the most common is to cheat them out of overtime pay. Since companies can take a big financial hit when employees work over a certain number of hours, it can be tempting to manipulate time sheets and offer less costly perks if an employee will keep their official hours under wraps.

You might think you are being rewarded or getting something for nothing, but in reality, your employer is avoiding the cost of benefits and taxes. Additionally, work that extends beyond the normal work week must be paid at a higher hourly rate, so your earnings are inaccurate. Despite the risk, many employers play this game because paying employees according to the law or keeping an ethical record of employee work time would cost them so much money.

What can you do if your employer is manipulating your work hours or cheating you out of overtime pay?

Contact an Attorney

Working with an attorney that understands employment laws not only ensures you will receive back pay for the hours your employer cheated you out of, it will protect you if punitive action is taken. Despite their inability to discipline you outright for filing a report, some employers will mistreat you in ways that are not directly connected to your report. If you have legal representation, your employer is less likely to make your life miserable following your report.

Notify the Depart of Labor

The government authority that oversees complaints related to hour and wage violations is the United States or New York Department of Labor. You can find information about filing a complaint on their website. As long as you are not exempt from overtime pay, the Department of Labor will help you secure any pay you did not receive. Furthermore, filing a report comes with protection so your employer cannot terminate or discipline you in any other way for speaking out.

Deal with the Matter “In-House”

If your company has a human resources department, you can speak with them before filing an official report. However, many instances in which wages and work hours are manipulated occur within companies that are too small to have a separate HR department. And in some cases, the HR department is the offending party.

Regardless how far you take your complaint, it is important to keep a detailed and accurate record of the hours you work. Carefully store and organize your pay stubs and if they are transmitted electronically, print copies for your records. If you are asked to say or do anything related to your work hours that feels uncomfortable, make a record of that, too.

Working with a difficult employer, especially one that is manipulative and trying to take advantage of you can be very difficult. When this behavior interferes with your earnings, it can lead to even greater frustration and might be illegal. If you are concerned about an issue involving wages, overtime pay, or benefits, contact Borrelli & Associates, P.L.L.C. to discuss your case.


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