(For more on employee wage and hour violations, see “Wage and Hour Violations: What Employees Need to Know.”) Under its Title VII of the Civil Rights Act of 1964 and the Fair Labor Standards Act, the EEOC have the right to work with employees, when an employer tries to break federal and state laws concerning with wages, overtime, and working hours; consequently being a wise way to provide support employees who are suffering in any way financially. However, if you think your employer has violated these laws, you need to know your rights, and how to sue your employer for wage and hour violations. In this guide, we’ll give you the lowdown on what wage and hour violations are, how to spot them, and what to do about them.
What Are Wage and Hour Violations?
Wage and hour violations are violations of labor laws regarding wages, hours worked, and overtime compensation. The primary federal law governing these types of laws is the Fair Labor Standards Act (FLSA), though some states may have additional laws providing stronger protections for workers.
Wage and Hour Violations: What are They?
Some of the most common types of wage and hour violations that employees should know about include:
Failure to Pay Minimum Wage
Under the FLSA, firms must pay employees at least the federal minimum wage. Many states have established their own minimum wage rates, potentially higher than the federal minimum. Employers who do not meet these minimum wage requirements are breaking the law.
Overtime Violations
The FLSA also requires that non-exempt employees be paid overtime for any hours worked over 40 in a workweek. Time beyond 40 hours a week should be compensated at a rate equal to 1.5 times the employee’s usual hourly rate. Employers that do not pay overtime are breaking wage and hour laws.
CLASSIFICATION OF EMPLOYEES AS A MISCLASSIFICATION
Many employers simply misclassify workers as independent contractors or salaried employees to avoid paying overtime wages. If the employee should legally be a non-exempt hourly worker entitled to overtime, then this misclassification is itself a violation.
Unpaid Breaks or Meal Periods
If the employee is not relieved of all duties employers are required to pay for work performed during breaks. Though some states do have regulations governing time off, in general, if your employees are required to work during their breaks, they need to be paid.
Not Paying for All Hours Worked
Employers must pay workers for all hours worked, including time spent on the clock. Output: It ultimately violates wage and hour laws when an employer asks an employee to work before or after regular hours without compensation.
Exposing Wage and Hour Violations: Reading the Signs
It is important for employees to remain vigilant and actively track their work schedules, pay stubs, and overall compensation for wage and hour violations. Here are some clues that you may be in a violation:
Incorrect pay stubs: If you see errors on your pay stubs that state you worked different hours or received different deductions than you actually did, this may be a violation as well.
Wage violation for non-payment for overtime: An employer may violate wage law if you work more than 40 hours a week and do not get paid overtime.
Confusing job classification: If you’re hourly but you still get treated like a salaried employee or independent contractor, that is a sign you may be misclassified.
If your employer requires you to work before or after your scheduled work time with no compensation, this is illegal.
What to Do if You Think There Are Wage and Hour Violations
If you think that your employer has violated wage and hour laws, you need to take steps to protect yourself. Below is a step-by-step guide in pursuing a wage and hour claim against your employer:
Step 1: Document Everything
Gather Evidence − The first step toward initiating a wage and hour lawsuit. Keep a detailed record of all hours worked, including hours of overtime, meal breaks and off-the-clock work. Make a note of your paystubs and any communication with your employer about hours worked or wages paid out.
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Look at your employment contract and any applicable state-specific labor laws that may provide more recourse. Each state has its own laws governing minimum wage, overtime pay, and other employee protections that may be more favorable than federal law.
Step 3: Speak With Your Employer or HR Department
Before pursuing legal action, it’s generally best to raise your concerns with your employer or human resources (HR) department. In fact, sometimes wage and hour violations are simply administrative errors and can be rectified with a conversation. However, if it continues or your employer refuses to do something, then you may have to escalate it.
4: File a Wage Claim for Anything Not Paid – Department of Labor
If you can’t settle the problem internally, file a formal complaint with the U.S. Department of Labor or your state labor department. The DOL investigates wage and hour violations, and it may assist you in recovering unpaid wages, overtime or other monetary relief.
Step 5: Speak With an Employment Lawyer
If, after filing a complaint, you do not like the result from the DOL or your state labor agency, you may seek the advice of an employment lawyer that specializes in wage and hour violations. A attorney will assist you in evaluating your case, identifying the best way forward and if it proves necessary, fight in your side in court.
A Guide For Selecting The Right Lawyer:
Specialization: Hire a lawyer who specializes only in wage and hour law.
Read client reviews: Use the internet to research the lawyer’s reputation via online reviews or testimonials from previous clients.
Free initial consultations: Many employment lawyers provide free initial consultations to discuss your case.
Step 6: File a Lawsuit
If nothing can be done administratively, you may want to sue. A wage and hour lawsuit can be brought in state or federal court, in most cases, depending on the details of your case. Your attorney will help you throughout the lawsuit proceeding and will guide you in collecting evidence, preparing legal filings, and representing you in court.
What You Can Do to Hold Wage and Hour Violators Accountable
If you win your lawsuit, you could receive multiple forms of compensation, including:
Unpaid Wages and Overtime
You are entitled to the wages you were denied, including any unpaid overtime.
Liquidated Damages
In some instances, you may also be entitled to liquidated damages at a rate that can equal the amount of unpaid wages or overtime. This is meant to make up some of the financial pain that wage and hour violations create for employees.
Attorney Fees and Court Costs
In some cases, the court can even require your employer to pay your attorney’s fees and any court costs incurred during the process, which helps offset the expense of taking legal action.
Injunctive Relief
In certain instances, a court will tell a company to stop engaging in violating conduct and to take steps to comply with the relevant labor laws. This could include readjusting the work schedule, or guaranteeing that workers are adequately compensated for working overtime.
End: Do Something about Wage and Hour Violations
But you don’t have to suffer in silence if you have experienced wage and hour violations. If you have the proper knowledge, documentation, and legal support, you can push back against wrongdoings and obtain the compensation you deserve. If your employer mistreats you, you can do something about it, and this guide should help you do so by making sure that your employer pays the price for not complying with wage and hour laws.
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