Employers are required by law to pay overtime wages. Although most workers are entitled to receive overtime pay, some employers fail to comply with the law. In New York, there are laws and regulations for handling wage and hour issues.
Defining overtime
Overtime is the extra time, measured in minutes or hours, that is worked apart from the regular work hours. Overtime wages are usually calculated as one-and-a-half times more than regular wages. The minimum or maximum number of overtime hours recommended is determined by each state, industry and company.
Resolving wage and hour issues
Conflicts over minimum wage and reduced paychecks are wage & hour issues. Employers have to handle overtime wages differently and are more likely to make errors. Overtime pay may be calculated incorrectly, paid using reduced work hours or not paid to workers at all. In addition, employers have to provide timely payments as part of the worker’s regular pay.
Employees are encouraged to keep records of their work hours, wages and payments. These records may be the only evidence that they worked during certain pay periods. The employer can dispose of their employment records or falsify information to avoid paying the employee. The Fair Labor Standards Act (FLSA), enforced by the U.S. Department of Labor, provides numerous protections for overtime workers.
State and federal laws make it necessary to pay overtime wages to all workers. The definition of overtime pay differs in many states, but in most states, it is increased pay for working more than 40 hours. Wage and hour laws protect employees who are owed missing payments from their employers that could extend for months or years.