Kara Sears
Wage theft is a common issue faced by workers across the United States, with many workers not receiving their due pay for hours worked. This is a violation of worker rights, and federal and state laws mandate strict payroll deadlines and penalties for missed payments. The Fair Labor Standards Act (FLSA) outlines that employees must be paid for all hours worked, including overtime, and that employers who violate these regulations may face civil monetary penalties, waiting time penalties, and employee lawsuits. While federal laws set a baseline, state laws vary and may offer stronger worker protections, as seen in California, where workers can recover unpaid wages with interest and seek protection against retaliation.
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What You'll Learn
Employees suffered or permitted to work
Employees "Suffered or Permitted" to work refers to work that is not requested but is allowed to be performed. This time must be compensated by the employer, regardless of the reason. This includes situations where an employee works outside of their scheduled time without explicit permission, but the employer knows or has reason to know that the employee is doing so. This could be working at the employer's premises or job site, or away from the workplace, such as at home, in a coffee shop, or while waiting for a bus.
For example, an employee may voluntarily continue working after their shift to finish a task or correct errors. An employee who works through their lunch break with their supervisor's knowledge, even if it is an unpaid break, should also be compensated for that time. Similarly, an employee who remains at their desk during lunch and answers phone calls is still working and must be paid for that time. An employee who is on-call and required to remain on the employer's premises is also considered working and must be compensated.
Rest periods of short duration, usually 20 minutes or less, are common and are typically paid as working time. Bona fide meal periods, typically 30 minutes or more, do not need to be compensated as work time, provided the employee is completely relieved from their duties. An employee required to be on duty for less than 24 hours is considered working even if they are permitted to sleep or engage in personal activities when not busy.
In terms of travel, any work performed while travelling, such as driving a truck or riding as an assistant, must be counted as hours worked, except during bona fide meal periods or when the employee is permitted to sleep in adequate facilities provided by the employer. Additionally, time spent adjusting grievances between an employer and employees during normal working hours is considered hours worked.
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Rest periods and meal breaks
Rest periods, also known as coffee or snack breaks, are typically short in duration, ranging from 5 to 20 minutes. These breaks are considered compensable work hours and are included in the calculation of total hours worked during the workweek. This means that if an employee works beyond 40 hours in a week, including these rest periods, they may be eligible for overtime pay. It is important to note that any unauthorised extension of authorised work breaks does not need to be counted as hours worked if the employer has clearly communicated the specific length of the break and the consequences of extending it.
On the other hand, meal periods usually last for at least 30 minutes and serve a different purpose than rest periods. During meal periods, employees are completely relieved from their duties to eat their meals. Bona fide meal periods are generally not considered compensable work time, meaning that employees are not paid for this time. However, if an employee is required to perform any duties, whether active or inactive, while eating, this time must be counted as compensable hours worked.
It is worth noting that certain states and industries may have their own regulations regarding meal and rest breaks. For example, Washington State requires a 30-minute meal period after 5 hours of work in agriculture and an additional 30 minutes for employees working 11 or more hours per day. In California, workers are entitled to a paid 10-minute rest period for every four hours worked, and outdoor workers have additional rights to take breaks to prevent heat illness.
Additionally, there are special considerations for employees who are required to be on duty for 24 hours or more. In such cases, employers and employees may agree to exclude bona fide regularly scheduled sleeping periods of up to 8 hours from hours worked, provided that adequate sleeping facilities are provided and employees can usually get an uninterrupted night's sleep.
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On-call and sleeping hours
Employees who are on call and restricted in their movement and use of time are considered "engaged to wait" and are entitled to on-call pay. This typically applies to first responders and healthcare professionals, who need to be on call to quickly respond to urgent situations or provide medical care. In these cases, the on-call pay rate is usually the same as a non-exempt employee's regular rate of pay. If the total hours worked, including on-call hours, qualify for overtime, the overtime rate may apply.
Sleeping hours are also considered working hours under the FLSA if an employee is required to be on duty for less than 24 hours. In this case, the employee is considered working even if they are permitted to sleep or engage in personal activities when not busy. However, if an employee is required to be on duty for 24 hours or more, they may agree with the employer to exclude bona fide regularly scheduled sleeping periods of up to 8 hours from their compensable hours. To exclude these sleeping periods, the employer must provide adequate sleeping facilities, and the employee must be able to usually enjoy an uninterrupted night's sleep. No reduction is permitted unless the employee gets at least 5 hours of sleep.
It is important to note that individual states may have on-call pay laws that differ from the FLSA, and specific industries or unions may have unique requirements. For example, farm labor contractors in California must pay their workers at least once a week on a predetermined business day. Therefore, it is essential to consult state laws and industry-specific regulations to understand the exact requirements for on-call and sleeping hours.
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Wage and hour laws
In the United States, the Fair Labor Standards Act (FLSA) serves as the cornerstone of wage and hour laws. Administered by the Wage and Hour Division of the Department of Labor, the FLSA establishes standards for minimum wage, overtime pay, record-keeping, and child labour regulations. The act covers most full-time and part-time workers in the private sector, as well as federal, state, and local government employees. Notably, the FLSA does not impose a limit on the number of hours employees aged 16 or older can work in a week, nor does it mandate overtime pay for weekends, holidays, or regular rest days unless overtime is worked on those days.
One of the critical aspects of wage and hour laws is the distinction between exempt and non-exempt employees. Non-exempt employees are entitled to overtime pay at a rate of at least one and a half times their regular wage for working more than 40 hours per week. Employers must also adhere to state minimum wage laws, and in cases where an employee is subject to both state and federal minimum wage laws, they are entitled to the higher amount.
State laws also play a significant role in wage and hour regulations, filling in the gaps where the FLSA does not provide specific guidelines. For instance, while the FLSA does not dictate a schedule for issuing paychecks, state laws typically require employers to pay their employees on a regular basis, with some states having specific payday requirements for different industries. Additionally, states like California have implemented stringent rules regarding payroll deadlines, imposing penalties on employers for missed or delayed payments.
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Worker protections
State laws also play a role in determining the frequency and regularity of paychecks. For example, California has strict rules about paychecks, requiring most workers to be paid at least twice a month on set paydays. California also has strict penalties for employers who miss payday, including fines of $100-$200 per late payment, waiting time penalties, and interest on overdue wages. Employees in California can file wage claims and recover unpaid wages with interest through the California Labor Commissioner's Office, which can force employers to pay what they owe without going to court.
In Arkansas, if an employee doesn’t receive their last paycheck at the next regular payday, they are owed double the amount of that paycheck. Employers who consistently pay their employees late may face serious consequences, including civil monetary penalties, waiting time penalties, unpaid wages, liquidated damages, or employee lawsuits.
Employees who believe they are owed back wages can search the WHD database and file a claim to recover their unpaid wages. The WHD also provides resources in multiple languages to help workers understand their rights and protections under labor laws.
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Frequently asked questions
If your paycheck is incorrect, document your time and gather any evidence, such as timecards or personal records. Communicate with your employer and try to resolve the issue. If this doesn't work, you may need to file a complaint with the relevant government agency or seek legal counsel.
Under federal law, you have the right to receive at least the federal minimum wage of $7.25 per hour for all hours worked. If you work more than 40 hours in a week, you are entitled to overtime pay at a rate of 1.5 times your regular pay. Some states and cities have a minimum wage higher than the federal rate, and you are entitled to the highest applicable rate.
No, this is considered wage theft and is illegal. Any time spent working, including prep time, cleanup time, and time required to put on a uniform, should be compensated. If your employer is not paying you for hours worked, you can report them to the Department of Labor in your state and seek legal assistance.
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