You go to work every day, and you put a tremendous amount of effort into your job. You often exceed reasonable expectations to cover another employee’s shift or to meet the deadline. Wage and hour abuse happen in all industries, affecting a diverse range of workers. Employees must get a minimum wage for all hours worked and get overtime when they work more than 40hours in a week.
The wage and hour laws are protected by federal law where it has special provisions to govern wage statements, pay for tipped employees, and employees in the hospitality industry. An unpaid wages attorney uses years of expertise and experience to fight for your rights.
Below are a few common wage and hour violations which an experienced unpaid wages attorney can counter on your behalf.
Failure To Pay Overtime
Employees must get an overtime rate of 1.5 times the regular rate when employees work more than 40 hours a week. Some common strategies employers use to avoid paying overtime:
• Paying employees a fixed day or weekly rate, no matter how many hours they work in a week.
• Paying the employee the same hourly rate for all hours after the shift.
• Refusing to include all reasonable work time while adding overtime pay such as travel time between jobs or time spent performing pre-shifts or post duties.
Failure To Pay minimum Wages.
Employees must get minimum wage as per state or local law. Employers often violate minimum wage laws by paying a fixed weekly rate and forcing employees to work for many hours. However, if you work twelve hours a day, five days a week, an employee is eligible for an overtime payout.
Violations To Tipped Employees
There are special rules for employees who receive tips. An employer shouldn’t require tipped employees to pool their tips with employees who do not accept suggestions, such as chefs, food preparers, other kitchen staff. However, tipped employees are entitled to substantial money recoveries if employees fail to provide proper notice under the USA Law.
Misclassification Of Employees
Employees with important-sounding titles such as “administrator” or “manager” aren’t eligible for overtime compensation. However, just because an employee is exempt from overtime does not mean that she is. You may be misclassified as your employer refuses to pay you overtime based on your false title to save money.
Working Off The Clock
Employees must get paid for all hours even the employer doesn’t finally authorize the time. Off the clock work includes:
• Setting up a restaurant before a shift.
• Undergoing training during an employee’s time.
• Responding to email during an employee’s time.
An unpaid wages attorney is the right person to protect your interest and speak on behalf of you in court.
If you win a public works contract as a contractor, you must pay your workers prevailing wages. The prevailing wage is a minimum wage set by federal law. If you think you aren’t being paid properly, then the unpaid wages attorney can help you recover the wages and benefits you have owed.