Does Something Seem Off About Your Pay Check?
No matter what you do for a living, we all have one thing in common; our love of pay day. Some of us take time to scrutinize over every line of our pay stub to make sure that everything is correct, because you’ve worked for it, right?
Sometimes, and more often than you’d think, employers are shorting their employees pay that was legally earned, and rightfully theirs.
Although employers have some leeway about how and when they pay employees, strict federal law regulates the payroll process. These laws provide clearly defined rights for every employee in the country who collects a paycheck.
If you suspect the company you work for is not in compliance with the federal laws that govern pay rate, benefits, etc., you are not alone.
Most Common Wage Violations
Not Paying Required Overtime: According to the Fair Labor Standards Act (FLSA), employees who are paid hourly that work more than 40 hours in a given week must be paid 150% of their hourly wage for the additional hours. A common way this labor law is violated is when an employer pays on an every two week or once a month basis. Instead of considering each week as its own entity, the employer considers the total hours worked in the pay period when calculating overtime.
Inaccurate Pay At Termination: When an employee is terminated, in many cases they are entitled to the wages they are owed in full, such as vacation pay. Employees who resign are typically owed on the next pay day.
Minimum Wage Violations: Employers are required to pay their employees a rate that is equal to or greater than the state minimum wage. This number varies across the U.S.
Not Receiving Proper Tip Amount: Tipped employees, such as wait staff and others, are especially vulnerable to employers’ illegal acts, including, management participating in tip pools, charging wait staff for walk outs, deducting tips from employees base salary, etc.
How To Spot A Wage Violation
Every payday, you should take a moment to look over your pay stub to ensure that everything is correct, including the hours that you work (if you are hourly) and the salary you agreed upon, and so on.
Next, it is important that you understand completely your deductions and how often they are supposed to be taken out.
If you have requested any changes be made to your pay, such as changes to your benefits, a new address, upped your 401(k) contribution, check to see that the changes were properly processed.
Lastly, make sure you educate yourself as much as possible regarding state and federal laws concerning wage violations.
You should keep track of all hours worked, pay received and other important information because if a problem does arise, this information will prove extremely useful.
If you are unsure about what to do to rectify a wage violation with your employer, you can discuss your legal options with an experienced wage theft attorney.
How The Carlson Law Firm Can Help
If you believe that your employer is not paying you all of the overtime that you deserve, is improperly taking a portion of your tips, or you are receiving less than minimum hourly wage, it is in your best interest to consult a Wage Loss/FLSA attorney. Here at The Carlson Law Firm, our lawyers are ready to help you with wage and hour law violations. We handle claims throughout the state of Texas, as well as across the country.
We would be happy to discuss your claim in confidence, and provide free consultations to answer your questions and evaluate your claim.
- Written by Jill Fowler