Common Scams In Overtime Pay

Common Scams In Overtime Pay

Oct 16

An employee who renders overtime work is entitled to be compensated for such. The Fair Labor Standards Act provides rules that employers must follow when paying their employees. This law defines what an overtime pay is, when employees must be paid an overtime rate, and who is eligible for overtime pay. Overtime pay lawyers will tell you that some employers use deceptive and illegal tactics to avoid paying overtime pay. Here are some examples of the common scams used by employers:

1. Misclassification

Employers often change the classification of employees from non-exempt to exempt to avoid paying overtime wages. They often give them titles such as “manager” or “supervisor” and claim that such positions is exempt from overtime pay.

2. “Off the Clock”

IN addition, employers often demand that their employees work “off the clock” after rendering 40 hours of work in a week so are exempted from paying overtime pay. Likewise, they refuse to pay their employees for legally mandated breaks or force workers to clock out when they eat at their stations and go on a working break.

3. Miscalculating Workweek

By definition, a workweek consists of 7 consecutive days, regardless of which day is the start of the week. Some employers calculate the average hours worked over a number of weeks to avoid paying overtime.

4. Pre-approval

Another tactic employers use to avoid paying overtime wage is to require employees to seek prior approval for overtime before they are paid.

5. On-Call Work, Meetings, and Take Home Work

Employers do not consider on-call work, work-related meetings, or take home work as overtime hours and hence will not pay their employees overtime pay when engaging in these kinds of work.

These are just some of the common practices that employers utilize to avoid paying overtime wage. If you had been denied your overtime pay, you have the right to sue your employer.

Race-based Discrimination at Work in New York

Race-based Discrimination at Work in New York

May 01

Workplace discrimination based on race is an insidious thing. Because the laws are very strict against race-based discrimination during the hiring process, employers resort to subtle means to the workplace to undermine minority employees.

It is hard for people to identify discriminatory practices in the workplace. Oftentimes, the failure of a minority employee to advance in the ranks or to qualify for higher pay is blamed on performance or attendance issues. It is only when a pattern of behavior or practices emerges that consistently affects only minority employees that race-based discrimination is suspected.

Race-based discrimination at work harms the employee on many levels. According to the website of Cary Kane, targeted employees are not only unfairly limited in their job advancement but also suffer from emotional and psychological distress. It seems incredible that this type of discrimination is still going on today. It is unfortunately only too true.

Employers have about a ton of deniability on the surface. It is when one digs deeper that the pattern emerges. When an employee complains about race-based discrimination at work, one of the first agencies to take action is the Equal Employment Opportunity Commission (EEOC). In New York, race-based discrimination may also be reported to the New York State Division of Human Rights.

In most cases, these agencies will attempt to resolve the issue out of court. In some instances, however, the pattern of race-based discrimination is so deeply ingrained in the company culture that the courts have to get involved. One example would be Atlanta-based Coca-Cola Company and its subsidiaries, which has regularly been involved in race-based discrimination over many years. The company has never yet admitted to these allegations, although they have settled several lawsuits out of court.

If you believe that your employer is discriminating against you because of your race, you do not have to take it. There are laws in place to protect your rights. Consult with a race-based discrimination lawyer in your state to help you with your case.