NYC Employment Lawyers Putting an End to Common Wage Scams

Do not let your employer cheat you out of hard-earned wages

Far too many employers are focused more on the bottom line than they are on their team members. Some employers even go as far as cheating their employees out of overtime pay just to save a few dollars.

At Hepworth, Gershbaum & Roth, our New York employment law attorneys represent employees who have been denied the overtime pay they are entitled to. We have the experience and knowledge needed to help victims recover compensation in cases involving a wide range of wage scams.

Averaging workweeks

Any employee who works more than 40 hours in a week is entitled to overtime pay. Employers may try to avoid overtime payments by combining weeks and averaging the hours the employee works. For example, an employee who works 35 hours one week and 45 the next is entitled to compensation for overtime. An employer cannot combine the weeks and claim that the employee worked an average of 40 hours each week to avoid overtime payment.

Requiring exempt employees to complete non-exempt tasks

Employers may attempt to keep labor rates down by asking salaried employees to complete the tasks of hourly staff members. For instance, an employee may ask a manager to stock inventory or clean the workplace when that job obviously belongs to another crew member. Requiring exempt employees to perform non-exempt work is illegal under New York and federal law.

Bait and switch compensation

During the hiring process, an employer must clearly define the wage or salary the employee will receive. Failing to do so, or altering the agreed-upon compensation package, is illegal.

Managing the clock

Employees who are required to punch in and out of work are not required to perform their duties while off the clock. Unfortunately, many employers ask employees to work without punching in to save labor costs. If an employer makes this request, they are in violation of state and federal law.

Playing the pre-approval game

Most employers require employees to give advance notice of their intent to work overtime hours. This policy can help employers avoid issues with wages and man hours. Unfortunately, some employees use this policy to their advantage by claiming that an employee did not make proper notice of overtime hours and refusing to make the overtime payment.

When an employer has any sort of foreknowledge of the need for overtime, such as a busy seasonal period or other heavy drain on man hours, the employer must compensate for overtime, even without the pre-approval.

Refusing to pay on-call employees

Many employers require employees to be on-call, or available to report to work on short notice. Some of these employees believe that if a call is not handled by the employee, they are not entitled to compensation for the on-call hours served. This could not be further from the truth, however, as employees are entitled to compensation for all on-call hours, even if they were not required to respond to a call.

Discuss your wage scam concerns with a New York employment lawyer today

The laws governing overtime pay can be confusing, which makes it difficult for some employees to know if they are being scammed out of pay. If you believe that you are entitled to overtime, but have been refused payment by your employer, discussing your concerns with a New York employment lawyer may help to shed light on your situation.

The NYC employment law attorneys at Hepworth, Gershbaum & Roth provide with the information you need to understand your entitlement to overtime pay, and your options for pursuing compensation. 

To discuss your case during a free consultation with one of our New York employment lawyers, contact us online or call 212-545-1199 today.