Unpaid Wages Attorney
In the United States, all employers are required to pay their employees for the time that they work. If you have come into a situation where an employer is refusing to pay you minimum wage for your work, most likely, they violate state and federal employment laws. An unpaid wages attorney can help you recover the money you are owed from an employer.
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is a United States labor law that first established the right to minimum wage, overtime pay, recordkeeping, and youth employment standards. Beginning in 2009, covered nonexempt workers are entitled to a minimum wage of $7.25 an hour. Overtime pay at a rate that is not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. While this law covers the majority of Americans, there are a few exceptions that make employees exempt from these standards.
Unfortunately, many employers incorrectly classify their employees as exempt, or incorrectly compensate their non-exempt employees. Many violations are industry-wide and you may already be a member of a class action. If you are a waiter, pizza delivery driver, or restaurant assistant manager, or you are worried you may be being taken advantage of by your employer, please contact Forester Haynie today.
Salaried Employees
As a salaried employee, you are paid a fixed amount of money each year, regardless of how many hours you work. These employees are considered “exempt” from the minimum wage and overtime regulations. Job titles don’t determine exempt status. In order to be considered exempt, employees must meet certain standards. Some employers intentionally or accidentally overlook these standards, meaning many salaried employees are misclassified, aren’t actually ‘exempt’ and should be eligible for overtime pay.
Tipped Employees
Employers are expected to pay their employees minimum wage but can get away with paying a reduced hourly wage by using what’s called a tip credit. You’ve probably heard of this before in reference to restaurant workers or delivery drivers. Employees can be paid below the hourly minimum wage because the expectation is that they will make up this loss in tips. These employees’ hourly wages and tips must still add up to at least the federal minimum wage each paycheck. It’s important to note that these tips fully belong to the employee and the employer is prohibited from using these tips for anything other than towards the tip credit.
Independent Contractors
An Independent Contractor is someone who is not dependent on the business. Contractors work as needed for a company and are most likely subject to law/instruction from a staffing agency. As a non-employee, independent contractors must pay their own taxes and are subject to self-employment taxes. But, just because you’ve been told by your employer that you’re an independent contractor, been given a 1099, or signed paperwork agreeing to be an independent contractor, does not mean you are legally an independent contractor under federal law. In fact, many employers have illegally and incorrectly classified their workers as independent contractors. Take a look at the fallout that Uber, Lyft, and Microsoft faced after misclassifying their employees.
Common Lost Wage Violations
If you are an employee who wants to be more aware of your wage rights or an employer who wants to avoid a legal situation, it’s important to know of common lost wage violations.
These violations include the following:
- Unpaid overtime
- Paying less than minimum wage
- Illegal wage deductions
- Unpaid breaks
- Off-the-clock work
- Misclassification of an employee
Unpaid Overtime
One of the most common wage violations is when an employer does not pay employees for all the hours they have worked, which includes overtime. The FLSA requires employers to pay non-exempt employees time-and-a-half for all hours worked over 40 in a single work week. Salaried employees are exempt from overtime regulations. If you are a non-exempt employee who has worked more than 40 hours in a single workweek, you could be entitled to overtime pay.
Paying Less than Minimum Wage
The minimum wage varies from state to state, but it is on the employer to pay that minimum hourly wage. If a worker does not receive minimum wage or correct payment for hours worked, this falls under a violation of unpaid wages.
Illegal Wage Deductions
An employer is prohibited from deducting from an employee’s paycheck due to gratuity, business expenses, or even punishment or discipline. In cases where an employer lends money to an employee outside of work, they are still not allowed to deduct money owed from the employee’s wages.
Unpaid Breaks
There are no federal laws that surround meal breaks and rest policies. However, businesses that do use meal break policies must follow them at all times. When an employer violates this policy, they are then violating employee contracts. Even in cases where an employee opts out of taking their lunch break, when the policy is there to begin with, the employer must offer it.
Off-the-clock Work
In the cases where an employee is asked to work off-the-clock outside of work hours, an employer must offer compensation for those hours. If an employer does not, then they could be in violation.
Misclassification of Employees
If an employer incorrectly classifies their workers as exempt employees or non-exempt employees, they could be in violation of the law.
Recover the Unpaid Wages You Are Owed
If you are an employee who believes your employer violates wage laws, you could be entitled to compensation. Jay Forester of Forester Haynie will work with you to recover the unpaid wages you are owed; he also oversees the firm’s wage and hour practice and handles cases nationwide. Your unpaid wage claim may be decreasing with each day’s delay so contact us via our form to see if you may have a claim or call us at 844-999-WAGE (9243):