Wage and Hour Violations

Workers in the United States are protected by numerous and various hard-won protections.  Many states set a higher minimum hourly rate and its illegal to pay employees less than this minimum wage. In California, the minimum hourly rate is $10.50 for companies with more than 26 employees, and $10.00 for companies with fewer than 25 employees. However, there are some jobs that are exempt from this minimum wage such as farm workers, truck drivers, wait staff and public sector employees.

The federal minimum wage of $7.25 an hour is designed to give people a decent wage for the work they do. Unfortunately, many employers either deliberately or unknowingly short-change their employees when it comes to pay. The Department of Labor reports that about 72 percent of employers violate the Fair Labor Standards Act (FSLA). This means that employees need to be aware of labor laws and assert their workplace rights.

The wage and hour laws differ from state to state. Some states have different wages for overtime pay or for weekend pay. In most states, the rate of overtime pay is 150 percent or time-and-a-half. There are also state pay days. Although most state laws require companies to pay twice a month or every two weeks, a few states require weekly pay. Most states also limit a workload to 40 hours per week before overtime has to paid. With so many different laws, companies often have inaccurate recordkeeping and employees don’t get all the pay they deserve.

The following are some of the more common wage and hour violations that employers are guilty of in the workplace:

  • Paying less than the minimum wage
  • Not paying for overtime or paying the wrong overtime pay
  • Making employees work off-the-clock and not paying them for the work
  • Illegal deductions from paycheck
  • Misclassifying employees as exempt from the labor laws such as labeling them independent contractors
  • Not compensating employees for breaks of less than 20 minutes
  • Deducting for wages paid in goods such as meals
  • Management stealing tips, or entering the tip pool
  • Improper deductions from pay of exempt workers

These laws only apply to employees of a company, not to managers or executives. If you feel that you are a victim of any of these violations, you may want to file a complaint with the Department of Labor or file a lawsuit against your employer.

Wage and hour violations occur frequently, and the best way to protect your rights is to talk with an employment law attorney. At Yarian and Associates, we can help you determine if your employer has violated federal or state wage and hour laws. With an employment law Attorney on your side, you can file a complaint or lawsuit, and get the back pay you may be entitled to. Call us today for a free consultation.



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