Employees have the right to be fairly compensated for their work. Unfortunately, wage and hour violations are widespread, and many workers are unaware of their rights under federal and state law. Let’s discuss how you can tell if you are being taken advantage of by your employer and missing out on payment that you are owed.
What Are Some Common Wage-Hour Violations?
Wage and hour violations occur when an employer fails to comply with laws governing pay, overtime, breaks, and other employment standards. These laws are designed to ensure that workers receive fair wages for their time and effort.
Common examples include failing to pay minimum wage to eligible employees, not paying overtime for hours worked over 40 in a week, or misclassifying employees to avoid paying them the benefits they deserve. Employers may also force employees to work off the clock to avoid overtime or make improper deductions from their paychecks. Such violations can have a significant financial impact on employees, especially if they go unchecked.
Most Common Wage and Hour Violations
Here are the most frequently observed wage and hour violations affecting employees across industries:
Failure to Pay Minimum Wage
Federal law protects employees via the Fair Labor Standards Act (FLSA), which dictates that employers must pay at least the federal minimum wage, though many states and cities have higher minimums. Failing to meet this threshold is one of the most common wage violations. Workers may not always realize they are being underpaid, particularly if paychecks are inconsistent or hours are misreported.
Overtime Violations
Employees covered by the FLSA are entitled to overtime compensation at 1.5 times their regular rate for hours worked beyond 40 per week. Many wage and hour violations involve unpaid overtime, either because hours are misclassified or misreported, or because employers pressure employees to work “off the clock.”
Off-the-Clock Work
Off-the-clock work occurs when employees are required to perform duties before or after their scheduled shifts without pay. Examples include:
- Attending meetings before clocking in. This may include meetings that are not scheduled or not held in the typical meeting place, like a conference room.
- Completing prep or cleanup tasks outside of paid hours. Requirements to clean up or prepare for work should happen on the clock, not outside of work hours.
- Responding to work emails or calls without compensation. Hourly employees in particular should not be required to answer calls or emails when they are off the clock, although they are often asked or encouraged to do so.
This is a common wage and hour violation that can accumulate substantial unpaid wages over time.
Misclassifying Employees
Employers sometimes misclassify workers as independent contractors or exempt employees to avoid paying overtime, benefits, or taxes. Misclassification can deny employees crucial protections, including minimum wage, overtime, and unemployment insurance.
Improper Pay Deductions
Employers are generally prohibited from making unauthorized deductions from an employee’s paycheck. Common improper deductions include items like charging the employee for uniforms or supplies the employer has agreed to pay for, docking an employee’s pay for break time or partial shifts, or simply reducing the employee’s pay without notice or a legally allowable reason.
Unauthorized deductions violate state and federal regulations for both contract and salaried employees.
Violations of Break and Meal Period Laws
Some states require employers to provide paid or unpaid breaks and meal periods. Failure to comply with these rules constitutes a wage and hour violation. Employees may be required to work through breaks or miss meal periods without compensation, which is unlawful in many jurisdictions.
Retaliation Against Workers
It is illegal for employers to retaliate against employees who assert their rights to fair wages or report a wage dispute. Retaliation can take many forms, like termination of employment or demoting an employee to a lesser position. Workers may also feel their hours are being unfairly reduced or that they are subject to a hostile work environment.
Workers who experience retaliation for reporting wage issues may be entitled to additional damages under labor law.
How to Protect Yourself from Wage and Hour Violations
If you suspect your employer is violating wage and hour laws, there are steps you can take:
- Keep Accurate Records. Track your hours worked, including start and end times, overtime, breaks, and any unpaid tasks. Documentation strengthens your case.
- Review Your Pay Stubs. Make sure your wages, overtime, and deductions match the hours you worked.
- Understand Your Rights. Familiarize yourself with the FLSA and your state labor laws to know what is legally required.
- Communicate Concerns. If possible, raise discrepancies with your employer or HR department, keeping records of all communications.
- Consult an Attorney. An experienced employment law attorney can assess your situation, gather evidence, and advocate for your rights. Legal guidance is especially important if you face retaliation or if your unpaid wages are substantial.
It’s important to act promptly if you feel you are the victim of a wage and hour violation so that the violation is recorded quickly and effectively resolved.
Why Wage and Hour Violations Matter
Even small violations can add up over time, costing employees hundreds or thousands of dollars annually. Beyond financial harm, wage violations undermine trust and create unfair work conditions.
Federal and state agencies, as well as private attorneys, take these violations seriously. Employees have legal recourse to recover unpaid wages, liquidated damages, and in some cases, attorney’s fees.
Taking Action Under the Fair Labor Standards Act
If you believe you are a victim of a common wage & hour violation, you can bring a legal claim against your employer. Legal claims may be subject to deadlines, known as statutes of limitations, and early documentation improves your chances of recovery.
Pond Lehocky helps employees:
- Investigate unpaid wages and overtime pay claims
- File complaints with federal or state agencies if needed for wage theft
- Represent workers in wage recovery cases or lawsuits
- Protect employees from retaliation
- Receive overtime pay
- Fight for a fair hourly wage
You don’t have to accept financial losses or unfair treatment. There are legal remedies available to help pay employees what they are owed.
We Fight to Ensure Employers Pay Employees and Independent Contractors Fairly
Understanding common wage and hour violations is the first step to protecting your rights as an employee. From unpaid overtime hours to improper deductions, wage violations are unfortunately widespread but actionable.
If you suspect your employer is violating wage and hour laws, contact Pond Lehocky today. Our experienced lawyers can review your situation, explain your options, and help you recover back wages while protecting your job and rights. We help contractors as well as part-time and full-time employees.
