Unpaid Wages

Read on to learn more about how employers cheat employees out of their earned wages:

Misclassification and Unpaid Overtime
Wage and hour disputes can take many forms. One of the common problems is unpaid wages such as for overtime.  One way employers violate wage laws is to designate employees as “exempt” from overtime when they should be classified as “non-exempt”. This means employers pay their employees a straight salary regardless of the number of hours that they work, when in fact, wage laws generally require employers to pay employees on an hourly basis in addition to time and a half for all hours worked over forty in one week.

Another way employers fail to pay overtime wages is by paying employees straight time for all hours worked instead of properly giving employees time and a half for hours worked over forty, or they average the hours worked during a two week pay period instead of determining overtime for each week.  Employers sometimes offer “comp time” or a bonus rather than paying overtime wages – this violates the wage laws.  Other times, employers do not include bonuses, commissions, or shift differentials in calculating the overtime rate they pay to employees.

Off-The-Clock
Employers also violate wage laws by requiring employees to clock out at the exact time they are scheduled to end their shift or work day, and then require the employees to keep performing work related to tasks off the clock.  Sometimes employers also permit or require employees to take work home, but do not pay them for that time spent working.  Employers also violate the law by automatically deducting a lunch break from employees’ time records even if the employees work through their lunch break.

Minimum Wage
Federal and state laws mandate that employers are to pay employees a minimum hourly rate.  If the state in which you work has a higher rate than the federal minimum wage, then you are entitled to the highest applicable minimum wage.  Common violations of minimum wage occur in situations where employees receive commissions or tips.

Unpaid Commissions
Employees who receive commissions are often exploited by their employers who change or deviate from the commission agreement and pay less than the employees actually earned.  Employers also violate wage laws by withholding earned commissions or not paying them in a timely manner.

Other Wage Violations
Other ways employers violate wage laws are by failing to pay for travel time when traveling is a requirement of an employee’s job; failing to pay for work-related or required meetings, trainings or seminars; or failing to keep adequate records which results in employees getting shorted on their pay.

If this sounds familiar to you, contact us today.

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