An Employee’s Guide to Wage and Hour Violations

In recent years, reports of wage and hour violations have been increasing in various employment establishments. Whether or not wage and hour violations are intentional by the employers, employees have the right to collect their full earnings for the hours they worked. Legal experts state that employees need to be educated on their rights in claiming any wages they may have lost.

Wage and Hour Violations

The Fair Labor Standards Act (FLSA) requires that all nonexempt employees be compensated at a rate of one and a half times their regular base salary for any hours worked exceeding 40 hours in a single workweek. If employees feel that they have been unfairly paid or improperly compensated for their overtime, then they have right to claim the money they believe they’re owed. The Department of Labor has an established procedure for employees to follow to reclaim their lost wages, from administrative solutions to filing wage and hour lawsuits. Below is a brief highlight of the procedure.

Step 1:  An employee must confirm that their position is not exempt from overtime. Exempt status is based on three position-specific characteristics: job duties, salary level and salary basis. Essentially, if an employee makes under a certain level of income, and carry out duties that are characteristic of minimum wage jobs, then they are not exempt from overtime.

Step 2: The employee must calculate the amount of overtime hours they worked for which they were not compensated in the past two years. In this step, employees should include as much documentation as possible to support the claims. This documentation can include pay statements and time sheets. These documents will illustrate the specific dates and times for which overtime hours were not paid.

Step 3: Employees should consult their human resources department about the suspected payment discrepancy. Upon review and verification of the employee’s time sheet, the unpaid amount that is due for the overtime can be processed immediately through the company’s payroll system. However, if the employer disputes the information provided and proven on these time sheets, the employee’s next step would be to take legal action.

Step 4: The first step in legal action is to obtain a qualified employment law attorney to file a claim on the employee’s behalf, asserting that the employee has legal right to claim his or her overtime payments. Potential plaintiffs should note that there is a two-year statute of limitations for back-pay claims on overtime compensation due.

Step 5: If the judge rules in the employee’s favor, the employer will be required to pay the difference in compensation, ensuring the employee receives the amount of overtime he or she is owed. If a judge does not rule in favor of the employee, than an appeal can be filed which would lead to further legal action.

While the FLSA covers most employees regarding overtime, it is important to note that not all employees are nonexempt. Employers are able to deny overtime pay if the person is a salaried employee making more than $455 per week, and if the employee meets one of the five exemption categories:

• Executive exemption
• Administrative exemption
• Learned professional exemption
• Computer employee exemption
• Outside sales exemption

Get Help from an Employment Lawyer

If you believe that you or a loved one were not paid for all hours worked, you have legal options. Please visit the Minimum Wage Lawsuits: Service Charge, Wage & Hour Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned employment lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The wage and hour attorneys working this investigation do not get paid until you do.