There are a lot of employees whose employers are not paying employees the full amount to which they are entitled. Most employees do not know this. Many employees don’t keep records of the hours worked, overtime pay, and other wages they are owed. This is why it’s not uncommon for employees to not even be aware that wage violations are being committed against them.
Unfortunately, many employers will scam employees out of earned wages when the opportunity presents itself. Not paying employees what they have legally earned is one of the most common legal violations that employers commit.
Unfortunately, many companies get away will all sorts of if not completely illegal, then certainly questionable legal violations. Wages are often the most common legal violations. Here are some of the most common wage violations that employers commit.
Misclassification of Employees
The misclassification of employees is a common violation. Illegal misclassification generally takes two forms. First, employers misclassify employees as independent contractors. This means that the employer does not class people performing work as employees. Instead, the employer classifies workers as independent contractors who have a lesser status than employees. Employers use the independent contractor status to avoid paying overtime, benefits, vacation pay, and other wages to which workers are entitled. You should carefully evaluate your work situation and contact an employment attorney if your employer classifies you as an independent contractor.
Second, employers often misclassify non-exempt, hourly employees as exempt salaried employees. Employers misclassify employees to avoid paying overtime. Employees’ job duties determine whether the employee is properly classified as hourly or salaried. You should consult an employment attorney if you believe that your employer should be paying you overtime and is, instead, paying you a salary. Make sure the employer is not misclassifying you and thus taking advantage of you and other employees.
Overtime Wage Violations
The employer must pay you overtime for any hours you work after your standard 40 hours a week. You are entitled to this pay.
As a general rule, the employer must pay you overtime pay at one and one-half times your regular hourly rate plus any bonuses. Employers cannot offer you time off instead of paying your overtime wages.
Overtime means any job duties you work over your regular hours. You can perform these job duties anywhere including outside of your workplace. For example, your employer owes you overtime if you work more than 40 hours per week, you work at an outside event, work at home, or work from any location other than your usual workplace.
Your entitlement to vacation pay depends upon the state in which you work. Often, employers must pay out unused vacation pay when you leave the job. Some states also require employers to pay out vacation time if you request it. Contact an employment lawyer if you have vacation pay questions.
Some companies may not offer vacation time, but they add a small amount of pay instead to your paycheck. This pay constitutes wages to which you are entitled to take with you when you leave the job.
Commission and Bonuses
You should contact an employment attorney if you believe your employer is committing wage violations such as not paying you all commissions and/or bonuses you have earned. These types of pay often depend upon a written agreement. Thus, it is very helpful to provide your employment attorney with your commission or bonus agreement when you discuss these wages. Employers generally cannot require employees to forfeit commissions or bonuses once employers pay them.
Contact an Expert Wage Violations Lawyer
You should contact an employment lawyer if you feel your employer is violating any wage laws or you are not getting paid what you have earned. An employment lawyer will be able to help you get the money you are owed.
Rowdy Meeks Legal Group LLC is in the business of winning. They have taken on some of the biggest companies and won. Don’t let your employer take advantage of you. You worked hard and you deserve to be paid.