Things Your Employer Must Pay You For

Many employees need to be made aware of the full range of activities and time their employer is legally required to pay for when it comes to their paychecks. Whether it’s overtime, working through breaks, or ensuring they receive their final paycheck, there are laws in place to protect their right to fair compensation.

In this blog, we’ll break down four key things your employer must pay you for, helping you understand your rights and ensuring you’re not missing out on money you’ve earned.

@nycemployment.lawyer Four Things An Employer Must Pay You For#employmentlaw #employmentlawyer #overtime #humanresources #finalpaycheck #paychecktopaycheck #mealbreaks #unpaid ♬ original sound – Employment Lawyer Doug

1. Overtime Pay (If You Don’t Qualify as Exempt)

If you don’t qualify as exempt under federal or state law, your employer must pay you overtime when you work more than 40 hours a week. Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid time-and-a-half for hours over 40.

Only some qualify for overtime, though. Employees considered “exempt” typically include those in executive, administrative, or professional roles who are paid a salary rather than an hourly wage. However, you’re entitled to overtime pay if your job doesn’t fall under one of these exempt categories.

If you believe your employer is improperly classifying you as exempt or not paying you for overtime hours, it’s crucial to take action to ensure you’re being fairly compensated.

2. Working Through Scheduled Breaks

Scheduled breaks are meant to give employees time to rest during their shifts, but what happens when you’re required to work through your break? Employers must compensate you for any work you do during these scheduled breaks, even if the leave is unpaid.

For example, if you’re on a 30-minute lunch break and your employer asks you to handle work tasks, you are entitled to pay for the entire break period. The same goes for shorter rest breaks—if you’re working, your employer must legally pay you for that time.

Keeping track of when you’re being asked to work during breaks is essential, as this can add to significant unpaid wages over time.

3. Activities Before and After Your Shift

Your employer must compensate for certain pre-shift and post-shift activities. Donning refers to putting on specialized work gear before your shift, while doffing involves removing that gear after your shift ends.

If your job requires you to wear protective clothing, uniforms, or other specialized equipment that you must put on before starting your duties, your employer must pay you for that time. Similarly, you must be paid for the time spent removing this equipment at the end of your shift.

For example, if you work in a manufacturing facility where you must wear protective gear, your employer compensates you for the time spent putting on and taking off that gear.

4. Your Final Paycheck

Whether you’ve quit or been terminated, your employer must pay you your final paycheck when your employment ends. This includes all wages earned until your last day of work and any accrued vacation or paid time off (depending on your company’s policy and state law).

Many states have specific deadlines for when your final paycheck must be paid. For example, in New York, terminated employees must receive their final paycheck by the next regular payday. If your employer fails to pay you on time or refuses to issue your final paycheck, they could face legal consequences.

Know your state’s laws regarding final paychecks so you can take action if you’re not paid properly when your employment ends.

Know Your Rights and Protect Your Pay

Understanding what your employer must legally pay you for can make a big difference in ensuring you receive all the wages you’re entitled to. If you’re unsure whether you’ve been fairly compensated, staying informed and protecting your rights is essential.For more information on your rights in the workplace and tips on navigating employment issues, follow Lipsky Lowe on TikTok. Stay updated and empowered!