Wage Theft

Tips can make all the difference if you work in food or hospitality. Countless servers, food runners, baristas, bartenders, hotel workers, and salon workers rely on tips to help pay for essentials. Unfortunately, management and business owners can abuse their power to illegally take tips or pocket a percentage of tips from food and hospitality workers.

The job market can be precarious right now, which has caused many salaried workers to go the extra mile to avoid getting laid off. This includes putting in more than 40 hours a week and working on weekends or during vacation. Yet here’s something that many salaried workers don’t realize: they may be eligible for overtime even though they have a salary.

You probably assume that you’re exempt from receiving overtime pay if you have a salary. It’s actually more complicated than that. Some salaried employees may be exempt, while others earn a salary but have been misclassified as exempt.

Nannies, housekeepers, home health aides, and caregivers perform essential services that allow families to care for children, older adults, and individuals with medical needs in their own homes. Many of these workers regularly take on long hours, overnight shifts, or extended live-in arrangements. Some are employed directly by private households, while others work through staffing agencies or home care companies.

Landscapers and day laborers often work long hours performing physically demanding tasks such as mowing, planting, excavation, tree removal, and property maintenance. Many are paid a flat daily rate rather than an hourly wage, while others may be paid in cash or classified as independent contractors. Although these pay arrangements are common throughout New York and across the United States, they can sometimes result in workers being denied overtime pay, misclassified, or otherwise underpaid despite working more than 40 hours per week.

Many workers assume that they are not entitled to overtime pay because they have a salary rather than an hourly wage. Yet many salaried workers have to put in extra hours each week to meet the demands of their jobs. Working off the clock without pay can have numerous negative effects on income, productivity, and daily life.  Salaried employees with 60-hour workweeks have rights, which may include the right to be paid overtime.