Don’t Dock Unauthorized Overtime Worked in Business and at Work
Categorized under Illegal Deductions on the NYS Department of Labor website:
The Division of Labor Standards ensures employers in New York State do not make illegal deductions from workers’ wages.
This includes deductions for:
- breakages
- cash shortages
- fines
- losses to the business
- deductions not listed in Section 193 of the Labor Law
- charges for check replacement
- overcharges for paid family leave premiums.
In my HR travels, I’ve periodically encountered employers who want to deduct unauthorized overtime worked as both a disciplinary and a cost-savings measure.
Simply put: employers can’t dock unauthorized overtime worked for any reason. Overtime worked – whether authorized or unauthorized – must be paid in order to comply with state and Federal Wage and Hour requirements.
Moreover – the correct way to handle unauthorized time worked is through disciplinary corrective action (e.g., a progressive discipline process) – not by reducing an employee’s compensation in a non-compliant manner.
How do you ensure compliance with Wage and Hour regulations by not docking employees for unauthorized overtime in business and at work?
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