Minimum Wage & Overtime Violations Aren’t Always Obvious. That Doesn’t Make Them Any Less Illegal.
You’re hired to do a job, and in return your employer has promised to pay you appropriately for the work you’ve done. When this does not happen, there is the potential for employer wage violations under the Fair Labor Standards Act (FLSA).
Sometimes an employer will unintentionally misclassify or underpay employees while other employers will do it intentionally. Regardless of the intent, the result is painfully clear – non-payment of minimum wage, overtime pay, tips or commissions to employees who are entitled and deserve to receive their pay.
COMMON EXAMPLES OF THE WAYS EMPLOYERS FAIL TO PAY THEIR EMPLOYEES:
- Failing to keep accurate time records
- Requiring employees to work ‘off the clock’
- Misclassifying workers as ‘salary exempt’ employees when they should be classified as hourly employees based on their duties and responsibilities
- Misclassifying workers as independent, seasonal or temporary contractors instead of as employees
- Refusing to pay employees overtime pay when they work more than 40 hours in a week
- Telling employees that certain tasks are not considered ‘on the clock’ and/or ‘for pay tasks’
- Taking inappropriate deductions from employees‘ pay
- Retaliating against employees who complain of FLSA violations to their employer
As an employee, you are entitled to be classified correctly and paid appropriately (minimum wage, overtime pay, tips and/or commission) for the work you’ve done.
Just because your employer says you are an exempt employee, gives you an executive sounding title, or pays you a salary, doesn’t mean you are not entitled to overtime pay.
POSSIBLE INDICATIONS YOU HAVE AN UNPAID WAGE, MINIMUM WAGE, OR OVERTIME CLAIM AGAINST YOUR EMPLOYER:
- Being denied overtime pay for work you’ve done from home
- As a bartender and/or wait staff being paid less than minimum wage and/or having tips withheld
- Being required to complete work after your paid shift has ended
- Having to work through your lunch or breaks without being paid
- Being misclassified under the FLSA and, as such, denied overtime pay
- Receiving unequal pay on the basis of gender, disability, race, or religion
- Being required to be available and/or on-call at all times where your movement is restricted, without being paid
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