When New York employees clock in at their place of employment, they have the right to expect they will receive fair pay for the hours they work. For certain types of employees, this means getting overtime pay and minimum wage. Employers have the responsibility of paying employees fairly and on time. Part of this includes properly classifying workers.
The classification of workers is important in determining whether they get overtime pay and minimum wage . One way that employers treat workers unfairly is by improperly classifying them, giving them less pay than what they’ve rightfully earned. It is in the interests of each worker to know his or her proper classification and what that means for pay.
Nonexempt employees
Non-exempt employees are those who are eligible for overtime pay and minimum wage. These are hourly employees who receive per-hour pay and do not earn a substantial income per year. According to the Fair Labor Standards Act, nonexempt employees are eligible for overtime pay amounting to time and a half for every hour worked over the standard 40 hours per week.
If you are a nonexempt worker and your employer asked you work off the clock, did not pay you the right amount for overtime or did other things to avoid paying the full and fair amount you deserve, you have grounds for a claim. These are unfair pay practices, and you do not have to endure these things in silence.
Exempt employees
Exempt employees are not eligible for overtime pay because of the way they earn their pay and the specific types of job duties they perform. These workers earn more than a certain amount per year, and they receive a salary from their employer. An employer may try and misclassify a nonexempt employee as exempt in order to avoid paying overtime.
Your rights
If you believe you are the victim of unfair pay practices, you have the right to speak out about what you experienced. Through a claim against your employer, it is possible you can secure payment you earned and additional damages. An assessment of your case can help you understand the legal options available to you.
Cases involving wage and hour disputes can be complex, but you do not have to navigate this situation alone. You will find it beneficial to speak with an experienced attorney about the options available to you. An explanation of legal recourse that may be appropriate for your case can allow you to effectively fight for fair pay.