Sometimes, working your regular 40 hours a week isn’t enough for everything that needs to be completed. While working extra hours can be tiring, it can be worth it when you’re bringing home overtime pay. However, when you work overtime for your employer and aren’t compensated for it, it can be extremely disappointing. Unfortunately, this happens to many employees who end up not getting fairly paid for their work. If you worked overtime and were not compensated, you might wonder what you can do to prove that you did work these extra hours so you can get paid.
If you think you experienced an overtime violation, you need the employee rights attorneys of Brown Kwon & Lam. Learn more about what you need to do if you believe you have an unpaid overtime case.
Who Is Eligible to Receive Overtime Pay?
Some employees might assume that if they work over 40 hours a week, they’re automatically going to receive overtime pay. However, there are various employees in New York City who are not entitled to receive overtime pay under the Fair Labor Standards Act and the New York State Labor Law. Some positions that are exempt from receiving overtime pay include executive employees, administrative employees, professional employees, outside salespeople, and more. If you’re a nonexempt employee, you’re entitled to receive overtime pay that is at least one and one-half times your regular rate of pay.
What Evidence Can Show the Hours You Worked?
If your employer is failing to compensate you for all the hours you worked, you’ll need to be able to show that you worked these hours. However, this isn’t as easy as simply saying that you worked a certain number of hours overtime. Here are a few ways you can help show the hours you worked.
Employer Records – Under the FLSA, employers are required to keep track of the hours worked by nonexempt employees. Of course, just because employers are required to do this doesn’t mean that all of them do. Even if your employer keeps a record of your hours, they may not be accurate, especially if they are intentionally trying to not pay you overtime. While your employer’s records can be a good way of showing the hours you worked, this might not have the accurate information you need.
Witnesses – In some cases, others may have been around to see you working overtime. If you know that you have coworkers who saw you working overtime and can testify for you, this can help make your claim more credible.
Computer Data – For many employees, there may be data on your computer that can be used to show how much time you worked. You may be able to show what you logged in and out or have timestamps on the work you did outside of your regular hours. Those whose jobs require them to be on the phone may also have a phone log showing they worked overtime. This can be especially important for remote workers who may not have been seen working by anyone else.
Surveillance Records – If you work onsite, there may be proof of when you entered and left the building. For example, surveillance footage may show how long you were at work or even show you at your desk. Some workplaces require employees to scan in and out of the building, which may also help show what time you were at work.
Get the Pay You Deserve with Brown Kwon & Lam
Knowing what to do next when you aren’t being paid fairly isn’t easy. However, everyone deserves to receive the compensation they worked for and are entitled to. It shouldn’t be difficult to get the money you’re owed, but this is something many employees experience. If you aren’t being paid overtime for the extra hours you worked or have experienced a different type of wage violation, Brown Kwon & Lam can help. We know what it takes to show what you’re owed and how to get it.
Contact our employee rights attorneys today to learn more.