Unpaid Wages

Misclassification and Unpaid Overtime

Wage and hour disputes can take many forms. One way employers violate wage laws is to designate employees as “exempt” from overtime when they should be classified as “non-exempt”. This means employers pay their employees a straight salary regardless of the number of hours that they work, when in fact, wage laws generally require employers to pay employees on an hourly basis in addition to time and a half for all hours worked over forty in one week.

Employers also often violate the law by paying employees straight time for all hours worked instead of properly giving employees time and a half for hours worked over forty, or by averaging the hours worked during a two week pay period instead of determining overtime for each week. Employers sometimes inappropriately offer “comp time” or a bonus rather than paying overtime wages in violation of the law. Other times, employers do not include bonuses, commissions, or shift differentials in calculating the overtime rate they pay to employees.

Off-The-Clock Unpaid Wages

Employers also violate wage laws if they require employees to clock out at the exact time they are scheduled to end their shift or work day, but then require them to keep performing work related to tasks off the clock. Sometimes employers permit or require employees to take work home, but do not pay them for the time spent working at home. Employers also violate the law by automatically deducting a lunch break from employees’ time records even if the employees work through their lunch breaks.

Minimum Wage Violations

Federal and state laws mandate that employers pay employees a minimum hourly rate. If the state in which you work has a higher rate than the federal minimum wage, then you are entitled to the highest applicable minimum wage. Common violations of minimum wage occur in situations where employees receive commissions or tips.

Unpaid Commissions

Employees who receive commissions are often exploited by their employers who change or deviate from the commission agreement and pay less than the employees actually earned. Employers also violate wage laws by withholding earned commissions or not paying them in a timely manner.

Other Wage Theft & Wage Violations

Employers may also violate wage laws by failing to pay for travel time when traveling is a requirement of an employee’s job; failing to pay for work-related or required meetings, trainings or seminars; or failing to keep adequate records which results in employees getting shorted on their pay.

If this sounds familiar to you, contact us today.