Employee Protections for Wage and Hour Violations
What every employee should know.
In a challenging economy it is more and more common that employees are requested to work more and longer hours and to work beyond their scheduled time through breaks or lunches. Employees often agree to do so for fear of losing their jobs in an already difficult economic climate. Such practices by employers as working off the clock performing tasks before or after work, attending employee meetings and training, working from home or other similar activities are prohibited by Federal and State law.
Some of the most common violations of the wage and hour laws include:
- Breaks and Lunches - It is not uncommon for employers to not pay their employees for short breaks. The law however requires employers to pay employees for breaks that last less than twenty minutes. Frequently employers improperly deduct break and lunch time from the total hours worked.
- Off-the-Clock - Working before or after scheduled work hours on tasks not completed during the work day or to prepare for work is time that should be included in the total hours.
- Combining Workweeks – Work weeks cannot be combined or averaged to avoid paying overtime.
- Work at Home – When employers allow employees to take work home, those hours must be included in hours worked calculations.
- Authorization of Overtime - When employees work overtime they must be paid regardless of policies requiring advance approval of overtime.
- Training – Participation in required training is time that likewise must be compensated.
- Misclassification – Generally salaried employees are exempt from the overtime. However, that does not mean that an employer can simply call an employee salaried to avoid paying overtime. It is the actual job duties the employee performs, not the title, that determine whether an employee must be paid overtime.
One study recently indicated that in New York State alone, fewer than 36% of employers are in compliance with the wage and hour laws. There are significant protections available to employees who challenge employers in such circumstances. Employees should be paid fairly for the hours that they work. Payment for a fair day’s labor is what our American system of labor has been built on.
