There are a few different ways of finding out if you are wondering how to know if your wage and hour complaint is legitimate. Your complaint is likely legitimate if your situation has reached the point where you feel your only recourse is to file a complaint.
Wage theft is a problem for many people and it happens because employers don’t think you will do anything. That is exactly why you should, to show employers they can’t get away with it and to recover all of the money you have earned.
How to Know if Your Wage and Hour Complaint is Legitimate
All too often, it is difficult for people to get the wages they are owed. Here are a few ways to know if your wage and hour complaint is legitimate.
You are Not Getting Paid Overtime
If you are working more than 40 per week, you are legally entitled to be paid time and a half for all those hours beyond 40 per week. You likely have a legitimate case if you are not getting paid time and a half, only getting your regular wage, or not being paid at all.
If you have had this happen a few times, then stop asking your employer or supervisor and file a claim. Your employer is stealing earned wages from you. Your employer can show you your complaint is legitimate if your employer offers you something else like a settlement, time off, or additional monies.
Making Less Than Minimum Wage
It is illegal for your employer to pay anything less than minimum wage, with a few exceptions. Making less than minimum wages consistently is how you know if that wage and hour complaint is legitimate for failure to pay minimum wage.
The federal government has a law that requires employers to pay minimum wage for all work performed. In addition, most states have laws about minimum wage which require employers to pay a higher hourly rate than the federal minimum wage. So, if you are not making that and have talked to your employer, then it is stealing the money you have worked for which is illegal.
Illegal Deductions
Have you noticed deductions for things that don’t benefit you? Sometimes employers try to steal money from workers by saying they owe for items that benefit the employer and not the employee like maintenance or repairs. You cannot suffer wage deductions for such items.
This is quite common as a lot of people don’t look too carefully at the deductions being made. Cleaning, something broken, uniforms, anything that the employer is responsible for cannot be deducted from your paycheck in most instances.
Off The Clock
Have you been asked to hang around to help out after you have clocked out? Things like this happen all the time. This is how to know if your wage and hour complaint is legitimate. Being asked to work through your meal break, coming in early without clocking in, working longer than expected after clocking out, or coming to work on your day off without compensation is all illegal. Not getting paid for training and most travel time also violate the wage laws.
Other violations can include not getting paid for holiday time, bereavement, sick leave, maternity, or other paid leave that you are entitled to under state law or the employer’s policies. You likely have a legitimate complaint if your employer refuses to pay you for these items.
How to Know if Your Wage and Hour Complaint is Legitimate
The best way to know if your wage and hours complaint is legitimate is to ask an employment lawyer. Contact us here at Rowdy Meeks Legal Group LLC right away if you feel you are not being paid the wages you are owed.