Understanding Wage And Hour Issues
Employees deserve fair and accurate compensation for their work, but unfortunately, wage and hour disputes are common in many workplaces. Below are some of the key wage and hour issues you may encounter:
- Unpaid Overtime: Employers not paying overtime rates for hours worked beyond 40 per week.
- Misclassification of Employees: Incorrectly labeling employees as exempt or independent contractors to avoid paying benefits or overtime.
- Minimum Wage Violations: Failing to pay at least the federal or state minimum wage for all hours worked.
- Off-the-Clock Work: Requiring employees to work before clocking in or after clocking out without compensation.
- Meal and Rest Breaks: Not providing required meal or rest breaks, or failing to compensate for breaks that are not fully compliant with state laws.
- Incorrect Paychecks: Errors in paycheck amounts, such as deductions for unapproved items or incorrect calculation of hours worked. In New York, there are very limited circumstances where an employer can make a deduction to your paycheck and it must be agreed to by you.
- Wage Theft: Withholding earned wages or not paying for all hours worked, including time spent on work-related tasks outside regular hours.
- Tipped Employee Issues: Mismanagement of tips, such as improperly sharing tips or requiring employees to contribute tips to a “tip pool” inappropriately.
- Retaliation for Complaints: Employers cannot take disciplinary action or terminate you in response to employees reporting wage and hour violations.
Being aware of these issues can empower you to advocate for fair treatment and seek appropriate remedies if your rights are being compromised. D’Andrea Law PLLC can help.