Often, employees feel powerless against their employers when they are being treated poorly or unlawfully. The power imbalance is exactly what the law intends to balance. Here are some important steps to take if you think you are entitled to overtime pay that is being denied:
- Review the FLSA and NYS Department of Labor websites. If you’re working beyond your scheduled hours, you may be entitled to overtime compensation. Know your rights before you assert them.
- Don’t rely solely on your employer’s records. Keep a personal record of the hours you work, including any time spent on tasks outside of your regular working hours.
- Speak up firmly, yet respectfully. If you believe you’re not being compensated fairly for your work, explain to your employer that an error might be occurring. Allow up to a week for the employer to investigate, and follow up until you get a clear response.
- Consult with an employment attorney. If your employer’s response is unclear or seems wrong, trust your instincts and get a second opinion.
- Consider collective action. If you and several co-workers are being denied overtime pay, consider a collective action. This can bring more attention to the problem and potentially lead to a resolution that benefits all affected employees.
Every situation is unique, so these lessons may not apply to every case. It’s always a good idea to seek legal advice if you’re unsure about your rights or the best course of action.
Remember, employment is a partnership toward mutually beneficial goals, but the law views employers as the more powerful partner and seeks to balance the power. It is up to you to ensure your employees are paid properly, including overtime pay. To do this:
- Use realtime time trackers. There are several smartphone apps that can help you avoid disputes about overtime pay and unpaid work.
- Hold employees accountable for using the time trackers correctly. Clearly communicate the procedures for reporting all work hours, including any tasks performed outside of regular shifts and ensure employees follow those procedures.
- Hold supervisors and managers accountable for accurate employee timekeeping. Make sure they understand the importance of accurate timekeeping and the legal implications of errors.
- Respond promptly to complaints. Conduct fair and impartial investigations, promptly resolving any conflicts found.
- Audit time records at least annually. Perform regular audits of time records and payroll to identify and correct any discrepancies before the Department of Labor or other government agency does it for you.