Under New York Labor Law and the Wage Theft Prevention Act, employers are required to issue a wage statement, or pay stub, every pay period with the employee’s name, the employer’s name, address, and phone number, and the dates covered by the payment. If you don’t receive it the fines can be as much as $50 per day. Assuming you receive pay stubs, here are a few reasons why it’s important that you review them and keep them:
Under New York Labor Law, hourly employees are entitled time and one half of their earnings for every hour worked over 40 hours a week. For example, if an employee makes $15.00/hour, after they reach 40 hours, they would be entitled to make $22.50/hour. Check your pay stub and make sure that there’s the correct increase in pay once you exceed 40 hours. This will ensure you receive proper compensation for any overtime hours worked, and that you are not just paid a regular flat rate.
It’s important to check your pay stub to make sure that you’re being compensated for all the hours that you work. Working “off the clock”, or outside of typical work hours, needs to be reflected in your pay stub. If you’re paid in cash, hours worked and wages earned should still be recorded. Keep track of your own hours personally, and then compare them at the end of the pay period to ensure that they match what’s written on your pay stub.
At the end of the day, you’re putting in the work for your employer, and you deserve to be compensated properly for all the hours you worked. If errors are made on your pay stub, you are entitled to have those errors corrected, and you can bring a case up to 6 years later. As tempting as it is to forgo reading your pay stub, it’s important to make sure you’re getting the money that you earn.
If an employer collects and/or distributes tips to you (for example, credit card tips), then your pay stubs should accurately reflect the proper amount. If you work in the restaurant, catering, or hospitality industry, then there may be additional language relating to your tips that is required on your pay stubs. Keeping a copy of the pay stub is the best way to ensure that you have a record of what you’ve received, but it may also be a good idea to keep track of your tip records on your own note pad or in your cell phone.
The New York Wage and Hour Attorneys at Leeds Brown Law, P.C., have successfully represented victims of wage theft and tip theft for over 30 years. We want to stress how very important it is to keep track of your pay stubs and ensure you are getting the money you’ve worked hard for. If you find that you are missing tips, wages, or not being paid properly for overtime, contact an experienced New York Unpaid Overtime/Unpaid Tips Attorney today.