As an employee, it’s essential to understand your rights under wage and hour laws to ensure that you are being fairly compensated for your work. Unfortunately, many employers may engage in practices that violate these laws, resulting in wage violations that deprive employees of their rightful earnings as a wage claim lawyer knows all too well.
Misclassification Of Employees
One of the most common wage violations involves the misclassification of employees as exempt from overtime pay when they should be classified as non-exempt. This misclassification often occurs when employers improperly classify employees as independent contractors or exempt salaried employees to avoid paying overtime wages. Employees who are misclassified as exempt may be entitled to overtime pay for hours worked in excess of 40 hours per week under federal and state wage laws. This is a very important distinction that you should review with a lawyer when first starting with a company to determine how you will be compensated.
Unpaid Overtime
Another prevalent wage violation is the failure to pay employees overtime wages for hours worked beyond the standard 40-hour workweek. Non-exempt employees are generally entitled to overtime pay at a rate of one and a half times their regular hourly rate for all hours worked over 40 in a workweek. Employers may attempt to avoid paying overtime by misclassifying employees, requiring off-the-clock work, or manipulating time records.
Minimum Wage Violations
Employers are required to pay employees at least the federal or state minimum wage, whichever is higher. Minimum wage violations can occur when employers pay employees below the minimum wage rate, fail to adjust wages for increases in the minimum wage, or improperly deduct wages for items such as uniforms or tools. Minimum wage violations disproportionately impact low-wage workers and can result in significant financial hardship.
Off-the-Clock Work
Employers may also violate wage and hour laws by requiring or allowing employees to work off the clock without compensation. This can include tasks such as answering emails, attending meetings, or performing preparatory work before or after scheduled shifts. Off-the-clock work is illegal and deprives employees of the wages they are entitled to under the law. This especially applies to those who are paid hourly, but if you are salaried this is more complicated.
Unpaid Meal And Rest Breaks
Some employers may fail to provide employees with required meal and rest breaks or fail to compensate employees for interrupted breaks. Federal and state laws require employers to provide meal and rest breaks of a certain duration, depending on the length of the employee’s shift. Employers who fail to provide these breaks or require employees to work through breaks without compensation may be violating wage and hour laws.
If you believe that your employer has violated wage and hour laws, it’s essential to seek legal assistance from a knowledgeable lawyer. According to our colleagues at Eric Siegel Law, attorneys that specialize in wage and hour claims can help you understand your rights, gather evidence of wage violations, and pursue legal action against your employer to recover unpaid wages and other damages. With their expertise and advocacy, lawyers can help you hold your employer accountable for wage violations and ensure that you receive the compensation you deserve for your work.
Wage violations are unfortunately common in the workplace and can deprive employees of their rightful earnings. If you believe that your employer has violated wage and hour laws, it’s essential to seek legal assistance from a wage claim lawyer who can help you assert your rights and pursue justice. Contact an attorney near you immediately for help.