Common Violations

The federal Fair Labor Standards Act (“FLSA”) protects workers from unfair wage practices by employers. Under the FLSA and similar state laws, many workers have the right to receive the minimum wage, payment for all time worked, and overtime pay calculated at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.Some common wage violations are discussed on this page. Remember that these violations are only examples of the many different wage violations that companies commit.

 

Failing to credit and pay employees for all time spent working
Example: Requiring workers to perform duties before or after punching in
We have helped call center employees recover wages for time spent
performing duties off the clock.

 

Failing to pay for “unauthorized” overtime
Example: If an employee’s manager refuses to authorize payment of overtime but knows the employee is having to work overtime anyway, that employee is likely entitled to overtime pay

 

Misclassifying salaried employees as exempt managers, supervisors, administrators, or professionals
Example: Just because you are a salaried employee or have a specific title that sounds like you are exempt does not mean you are not entitled to protection under the FLSA; such employees may be entitled to overtime depending on the job duties performed
We have helped caregivers in a nursing home who were improperly categorized as managers by their employer recover back pay for unpaid overtime wages.
We have also helped paralegals who were improperly denied overtime recover back pay for unpaid overtime wages.

 

Making improper deductions from paychecks causing wages to fall below statutory requirements
We have helped employees recover wages owed after improper deductions were made from their paychecks by the employer

 

Improperly classifying employees as independent contractors
Example: Whether a worker is truly an independent contractor depends on the specific circumstances of the employment, not the title they are given
We have helped drivers who were improperly classified as independent contractors obtain back pay for minimum wage owed

 

Failing to include commissions, shift differential pay, and other monetary payments in the overtime calculation for hours worked over forty in the given workweek

 

Applying rounding rules that regularly short employees of wages earned