Employers cannot deduct from employees’ compensable time in order to avoid paying overtime. What does this mean and how does it affect you?
Compensable time is all hours that an employer suffers or permits to work on their behalf. Non-exempt employees are entitled to time and a half (or overtime wages) pursuant to the Fair Labor Standards Act (“FLSA”) for all of the hours they work over 40 in any given workweek. Many employers take issue with paying employees overtime because they want to keep their labor costs down, among other reasons.
Employers do all kinds of things to avoid paying overtime, such as flex time, “comp time,” or altering time records to reflect employees work 40 hours or less in a given workweek. In addition, employers pay employees under the table or otherwise find any reason they can think of not to pay overtime.
Employers must pay employees for all hours worked. Furthermore, non-exempt employees must be paid time and a half if they work overtime hours. Consequently employers who make automatic deductions or any type of deduction from their employees’ time records to avoid paying overtime are violating the FLSA.
Employees who prove violations of the FLSA are entitled to their unpaid overtime wages, liquidated damages equal to their unpaid overtime wages, and attorney’s fees.
Our Ohio overtime attorneys are here to speak with you about any issues with deductions being taken by your employer in order to avoid paying overtime. We represent employees in all types of wage and hour disputes. We look forward to the opportunity to discuss your issues with deductions. Call our office today for a FREE consultation at 1-614-949-1181 to speak with our Ohio overtime attorneys about any issues with deductions.