Are You the Victim of Any of These Common Wage and Hour Violations?

Has your employer threatened to dock your wages? Did they force you to work hours for which you were not paid? Unfortunately, these hour and wage violations or variations of these violations are all too common in the workplace.

If your right to wages was violated, you might receive back wages. In some cases, you might also receive damages.

Here’s what you need to know about common wage and hour violations.

Identifying and proving wage and hour violations can be challenging. Many employers understand the restrictions placed on them by law, but they take advantage of the situation. Employees must also be aware of their rights and take action if these rights are violated. Working with an experienced employment attorney who understands wage and law violations is essential if you want to protect yourself.

How do you know if you’ve been a victim of a wage and hour violation? Here are the most common wage and hour violations:

Misclassification

Do you know the difference between an employee and an independent contractor (IC)? Many employers take advantage of the fact that employees sometimes don’t understand when IC classifications apply. Employees have more rights and ICs, so it’s in your best interest to ensure proper classification. For example, employees are entitled to overtime pay, breaks, and other important benefits. If you’ve been misclassified, you could be losing out on a variety of benefits.

Working without Pay

All non-exempt employees are eligible for overtime pay if asked to work more than 40 hours in a week. If you are asked to work more hours than a “normal” work week, you are entitled to receive more than your regular hourly wage for those additional hours. In most cases, employees receive their time and a half for overtime hours. If your hourly wage is $15 per hour, you’re entitled to $22.50 per hour for hours over 40 in a workweek. If you’ve been asked to work extra hours but refused extra pay or asked to work those hours “off the books,” you could be entitled to compensation.

Below Minimum Wage Rate

There’s been a great deal of discussion in the media recently about minimum wage. The federal minimum wage is $7.25, but states and local jurisdictions often have higher minimum wages. Your employer must pay you at least the minimum amount based on the law in your area.

Failing to Pay You on Time or Not Paying You the Right Amount

Your employer must pay you for your work. You must receive your pay on the agreed-upon date and for the agreed-upon amount. If your employer fails to give you a paycheck on your pay date or the amount is less than your hourly rate for the hours you worked, it is a violation.

Confiscating Tips

People who work in service industries where tips are common are entitled to keep those tips without employee interference. Even if your tips result in your earning more than the minimum wage in your area, your employer cannot take your tips from you. Furthermore, your employer cannot reduce your base pay or adjust it using a so-called tip credit.

Denying Rest and Meal Breaks

Non-exempt workers are entitled to breaks throughout their workday. If your employer makes you work through these breaks or refuses to let you take them for any reason, it’s a violation.

How Should You Respond to Wage and Hour Violations?

If you believe your employer has denied you rights to which you are entitled or they’ve committed any type of wage violation, you could be entitled to compensation.

To learn more about wage and hour violations or to speak to someone about your situation, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation.