The Fair Labor Standards Act requires you to be paid fairly by your employer. That means your employer can’t pay you below the minimum wage or choose not to pay you when you’ve worked overtime hours.
Still, some employers commit these violations daily. If you suspect your employer is violating your wage and hour rights, and you believe you have been wrongfully terminated, speak with a Marin County wage and hour attorney at Minnis & Smallets LLP.
Some employers may commit wage and hour violations deliberately. Employers can sometimes take advantage of an employee’s ignorance regarding their rights.
But some employers may commit wage and hour violations from a lack of knowledge. Like other employees, some employers may not know that they are committing serious violations.
Some common wage and hour violations include:
If your employer has a different overtime rate for different types of work, that could be an incorrect calculation of your overtime pay.
Employers can make this mistake when they incorrectly use the hours you worked during the pay period compared to a single week. If you worked past 40 hours in the first week, your overtime pay must be included in that pay period.
Another common violation is misclassifying an employee as an independent contractor.
Employers will misclassify their employees if they feel they can reduce their liability. There are certain taxes that employers will no longer have to pay once you are classified as an independent contractor. That is why employers will misclassify you on purpose. When you have been misclassified, the responsibility is up to you to prove that your employer employs you.
As an employee, you are required to rest during breaks and mealtimes. Your employer can skip your rest break and meal times when it’s becoming busier at work.
There are times when employees will choose to skip their lunch break, but your employer is still required to offer. Your employer does not have the right to intimidate you into working through your lunch break. Even if you decide to work past your lunch break, you want to ensure that that time is compensable on your next pay stub.
Some deductions are federally mandated, like child support. There are also some deductions that your employer must reach out to you first before initiating.
Other than that, your employer should not be making illegal deductions from your pay stub. If your employer tries to deduct money from your pay stub because of fines, losses to the business, and breakages, those are illegal deductions.
The attorneys at Minnis & Smallets help employees recover unpaid wages when the employee has been wrongfully terminated. Contact us online to schedule your free consultation. We can assist with filing a legal claim against your employer so you receive the money you rightfully earned.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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