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Has your employer violated the FLSA by shorting you on pay?

In order to earn a living, you, like many other New York residents, have to go to work and have someone else tell you what to do all day. This activity may not be your favorite, but overall, you enjoy your job and want to do your best to earn your paycheck. What you undoubtedly do not enjoy, however, is noticing mistakes with your pay.

At first, you may have noticed your check was short but possibly chalked it up to your own calculation errors. When it started happening regularly, you may have had more concerns. You may have taken the prudent first step of discussing your concerns with your employer, but when management rebuked your complaints, you wondered what to do next.

Has wrongdoing occurred?

Your employer may have led you to believe that you had nothing to worry about when it came to your missing pay or lack of overtime pay. If you do not have a thorough understanding of the law -- as most people don't -- you may want to believe your employer. However, if you have such concerns, it is wise to take extra steps to ensure that your employer is not taking advantage of you. One helpful action could be to gain information on the Fair Labor Standards Act.

What is the FLSA?

The FLSA sets standards that work to protect workers from unfair compensation and other mistreatment. Notably, the FLSA sets minimum wage and overtime pay standards. Therefore, if your employer is not compensating you for hourly work at at least the minimum wage rate, a violation of the law has taken place. The federal minimum wage is $7.25 per hour, but each state has the ability to set its own state-level minimum wage, which New York does.

Additionally, the FLSA sets overtime pay at time and a half of your regular hourly rate. If you do not fall into the category of an exempt worker, your employer should pay you an overtime rate when you exceed 40 hours in a work week.

What can you do?

If you believe that your employer has violated the FLSA, you have legal options. Discussing your situation with an employment law attorney may allow you to gain further insight into how the Fair Labor Standards Act protects you as a worker and what action you can take to pursue back pay for your earned compensation and other allowable damages.

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