Knowingly or not, employers are committing wage theft.
Some simply due to ignorance, others due to lack of oversite, but all can create headaches for violating employers, including back pay, fines, and negative headlines.
New York’s Wage Theft Prevention Act went into effect in 2011 with public notices of wage theft, and fines up to $20,000.
Keep your company out of the news and out of debt for these common abuses.
Overtime Violations – When an employer wrongfully denies overtime pay to an eligible employee.
The FLSA recognizes a 7-minute rule wherein the employer may round up or down to the nearest 15 minutes for simplicity in time keeping.
Minimum Wage Violations – Not adhering to minimum wage laws.
New York’s minimum wage is higher than the Federal requirement, and there is no such thing as a ‘training rate’ that is lower than minimum wage.
Tipped employees may be paid a base wage ($8.80 for 2022) plus tips must reach minimum wage – or shall be paid an additional tip adjustment.
Misclassification Violations – Classifying employees incorrectly, such as independent contractors.
Treating a true “W-2” employee as “1099” worker cheats them of workers’ comp and disability coverage and employer contributed social security benefits.
Illegal Deductions – When an employer takes a portion of an employee’s paycheck for items that do not qualify.
Other than mandatory taxes and state or Federal garnishments, all deductions require the employee’s written consent.
Off-the-Clock Violations – Failing to pay an employee for work performed when not technically on duty.
For example: an employee who continues to work for customer or project after scheduled hours is still due their regular pay, including overtime.
Rest Break Violations – Not adhering to rest break laws.
Mealtime breaks are required during any 6+ hour shift – but are not necessarily paid time.
Other break periods customarily five to fifteen minutes, do count as time worked and therefore paid time.
Clearly, there are several ways employers can run afoul of wage and hour laws. Employ-Ease helps our clients stay out of wage and hour troubles.
