How Do Employers Cheat Employees Out Of Earned Overtime Pay?
Employers often try to avoid paying employees overtime pay in the following ways:
-By misclassifying a non exempt employee as an exempt employee (for instance, by miscategorizing workers as executives, administrators, professionals, outside sale persons or independent contractors);
-Requiring employees to work off the clock (for instance, by failing to record time actually worked on the job, failing to compensate for meal periods and rest breaks, failing to pay overtime for travel from shop to work-site and back, not paying overtime for time spent working while traveling, failing to pay overtime for attendance at training, meetings and lectures, failing to compensate for arriving early to perform necessary preparations for work, not paying overtime for time it takes to suit-up or put protective gear on, time waiting to log in, on-call time, or time in security lines, forcing employees to work on the weekends without clocking in, or by telling employees to report fewer hours than actually worked);
-Telling employees that they are not entitled to overtime for various improper reasons (for example, that that they didn’t get permission or approval in advance, that they are paid on a salaried basis, etc.);
-Incorrectly calculating the amount due (by, for instance, carrying over one week’s overtime hours into another week, paying employees their regular rate for overtime work; altering employees’ time sheets, etc.);
-Giving time off in lieu; compensatory time; or comp time to private sector workers (a type of work schedule arrangement that allows workers to take time off instead of, or in addition to, receiving overtime pay.).
For some time now, big companies have been paying out big bucks defending employee overtime lawsuits for failure to pay overtime pay and wages, for example, by misclassifying non-exempt employees as exempt.