Kara Sears
It can be scary to find out that your employer might be breaking the law. If you're in this situation, the first thing to do is to make sure that what's happening really is illegal. If you're convinced that it is, you should report it to a senior figure in the organisation. If this isn't possible because senior figures are involved, you may need to contact law enforcement or an employment lawyer. Remember that you are protected under the law from repercussions for voicing your concerns.
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What You'll Learn
Failure to pay minimum wage
If your employer is paying you less than the minimum wage, you have several options for recourse. Firstly, you should inform your employer that they are legally required to pay you the minimum wage. If this does not resolve the issue, you can take several legal actions, including filing a complaint with the U.S. Department of Labor's Wage and Hour Division or filing a wage claim with your state's labor department. You may also be able to file a lawsuit against your employer to recover unpaid wages and potentially other damages and penalties.
It is important to act promptly as there are strict deadlines for filing claims and lawsuits. Under the Fair Labor Standards Act (FLSA), you generally must file a lawsuit within two years of your employer's most recent minimum wage violation, or within three years if the violation was willful. In California, for example, wage claims must be filed within three years of the most recent violation.
If you are unsure whether you have been denied the minimum wage, you can consult with an employment attorney or wage and hour lawyer to discuss your options. These legal professionals can help you understand your rights and navigate the complex and confusing wage and hour laws. They can also assist you in bringing a wage and hour lawsuit against your employer to recover unpaid wages and potentially other penalties.
Additionally, it is important to note that employers cannot force employees to accept wages below the minimum wage. Employees have the right to work in a safe and lawful environment, and there are laws in place to protect employees who refuse to participate in illegal activities, such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. If you experience retaliation for refusing to accept a wage below the minimum, you can seek legal counsel and take appropriate legal action.
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Employee misclassification
For example, a worker should be classified as an employee if they are given a work schedule, are supervised, are provided with training, are given instructions in the performance of their duties, do not negotiate their pay, perform a service at the employer's place of business or at places designated by the employer for an extended period, perform the service as a representative of the employer, use the employer's tools, equipment and/or supplies, and are not established in their own business of the same nature as the employer.
If you believe you are being misclassified, you can consult regulations and resources provided by the Wage and Hour Division to help you analyze your status as an employee or an independent contractor. You can also contact your state UI agency to determine if you may be eligible for UI.
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Failure to pay for work breaks
While federal law does not require employers to provide lunch or coffee breaks, they must compensate employees for short breaks (usually lasting 5-20 minutes) as work hours. This is factored into the sum of hours worked during the workweek and considered in determining if overtime was worked.
However, if you are a non-exempt employee, your employer must provide you with meal and rest breaks. In California, for example, employers must provide a 30-minute meal break when employees work more than five hours in a day, and a second 30-minute meal break if they work more than ten hours in a day. Additionally, California employers must provide a 10-minute rest break for every four hours worked. If an employer fails to provide these breaks, employees may be entitled to sue for unpaid premium pay and other damages.
If you believe your employer is violating your rights by not providing you with appropriate breaks, you can take several steps. Firstly, consult an employment attorney to understand your rights and options. They can help you calculate any unpaid wages and determine the best course of action. Secondly, you may be able to file a claim or report the violation to the relevant state labor office or the California Labor Commissioner. Depending on the size of your employer, you may also consider joining or initiating a class-action lawsuit to represent all current and former coworkers who did not receive their breaks.
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$17.04 $17.95
$28 $28
Taking illegal deductions from wages
No one is above the law, including your employer. If you believe your employer is breaking the law, the first step is to contact your supervisor or human resources department. The next step may be to file an administrative complaint with the appropriate agency, such as the Equal Employment Opportunity Commission (EEOC) or the National Labor Relations Board. You can also contact a private employment attorney to take civil action against your employer.
In terms of taking illegal deductions from wages, there are several things to be aware of. Firstly, under the Fair Labor Standards Act (FLSA), an employer may not take deductions from an employee's wages for uniforms or other items that are considered primarily for the employer's benefit or convenience. This includes tools used in the employee's work, damages to the employer's property, financial losses due to clients/customers not paying, and theft of the employer's property. These deductions cannot reduce an employee's wages below the minimum wage or cut into overtime compensation.
Additionally, there are specific regulations around an employer's ability to deduct amounts from an employee's wages due to a cash shortage, breakage, or loss of equipment. While an employer may legally deduct money from an employee's paycheck for coming to work late, the deduction cannot exceed the proportionate wage that would have been earned during the time lost.
If you believe your employer is making illegal deductions from your wages, you can file a wage claim with the Division of Labor Standards Enforcement or file a lawsuit in court to recover lost wages. You may also be able to claim the waiting time penalty if you no longer work for the employer.
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Keeping inaccurate records
In the United States, the Fair Labor Standards Act requires companies to keep specific records for a designated period for covered, non-exempt employees. These records may include an employee's contact information, salary, work hours, and job duties. According to the United States Department of Labor, employee payroll information should be kept for at least three years.
Additionally, the Massachusetts Personnel Records Law places an affirmative obligation on employers with 20 or more employees to maintain employee personnel records properly. Failure to comply with this law can result in aggrieved employees filing complaints with the Attorney General, leading to potential fines.
To avoid issues with inaccurate record-keeping, employers should ensure they are aware of their legal obligations and implement comprehensive records management processes. Seeking legal advice from employment law attorneys can help businesses understand their specific requirements and avoid any civil or criminal actions.
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