Wage and hour laws exist to protect employees and make sure they’re fairly compensated for their work. Unfortunately, some employers fail to comply with these regulations, whether through purposefully underhand tactics or by simply failing to take proper care. As a worker, this can leave you feeling underpaid and undervalued, but it also has serious legal implications. If you think your employer may be violating wage and hour laws, here are some key red flags to look out for before you contact an attorney.
Misclassifying Employees
Misclassifying employees is a tactic often used to sidestep wage and hour laws. Experienced employment lawyers, like the specialists at Manukyan Law Firm, see this kind of fraudulent behavior all the time.
It involves one of two methods, namely incorrectly classifying non-exempt employees as exempt to avoid paying overtime, or misclassifying employees as independent contractors. This allows the employer to bypass requirements like benefits, tax contributions, or overtime pay.
Denying or Underpaying Overtime
Another common violation of wage and hour laws involves refusing to pay overtime at the correct rate. Federal law states that non-exempt employees must receive 1.5 times their regular rate when working extra hours having exceeded 40 in a current workweek. If your employer is pressuring you to work “off the clock” or limiting how you record your hours to avoid paying overtime, this can be a sign they’re attempting to violate the law.
Failing to Provide Required Breaks
Your meal and rest break requirements are determined by the state you work in, so you should check the regulations for your local area. For example, in California, employees must be granted a 30-minute meal break for every five hours worked, plus a 10-minute rest break for every four hours worked. Your employer has no right to deny you these breaks or to force you to work during these designated break times.
Incomplete or Incorrect Pay Stubs
Pay stubs enable you to verify you're being paid correctly, so missing information or incorrect deductions or calculations are a cause for alarm. If you notice any discrepancies between your hours workers and the wages listed on your paycheck, the issue should be resolved by your employer. In the unfortunate case where the discrepancies are intentional, it’s a violation of wage and hour law and time to contact an attorney.
Late or Withheld Paychecks
Timely payment is a cornerstone not just of your employer/employee relationship, but of wage and hour laws, too. Your employer is legally bound to pay you according to the agreed-upon schedule. This can be weekly, bi-weekly, or monthly. Violations include withholding wages due to disputes, performance, or resignations, failing to give you your final paycheck, or delaying a paycheck without explanation. If you’re left waiting, your employer may be violating labor laws.
Endnote
While wage and hour laws are firmly in place to protect workers, violations are more common than many people realize. Whether you’re looking at unpaid overtime, misclassification, or withheld paychecks, these issues warrant attention. If you’re concerned, consult with legal specialists who can carry out further investigation.
