4 Ways in Which Potential Wage & Hour Violations Can Take Place
Wage and hour claims are those involving violations of the wage and hour laws set forth by the FLSA (Fair Labor Standards Act), as well as, state laws claims for unpaid wages, unpaid overtime, and minimum wage violations. If you feel you have been denied wages, contact an overtime law firm who is familiar with state and federal labor standards legislation to be advised of your rights as an employee.
There are several ways in which both Federal wage and hour breaks or state wage and hour regulations can be violated. Below is a short list of potential wage and hour violations with which an overtime attorney can advise.
Wage and hour claims which involve misclassification of non-exempt employees as being exempt from overtime pay are becoming widely publicized.
The FLSA broadly defines what types of employees are exempt, such as:
- and commissioned workers for example.
But other tests are done to make sure their job duties and job description meet the legal requirements for a claimed exemption.
Exemption requirements are complicated and can get tricky as individual states mandate their own overtime laws as in the Willix et al v. HealthFirst, Inc.et al. case, an example of a recent wage and hour case regarding employee misclassification.
FEDERAL AND/OR STATE OVERTIME VIOLATIONS
State Overtime Laws are widely different. It is very difficult for employers to keep up with every single nuance of their state’s labor laws as some are constantly changing, and others are significantly more complicated than their federal counterpart (California for example). As more wage and hour claims hit the media, mistreated employees are becoming better informed and taking action like never before.
MISCLASSIFICATION / OVERTIME / MEAL AND REST VIOLATIONS
Wage and hour claims regarding unpaid minimum wage, overtime in general, and meal and rest periods are becoming increasingly common as well. Wal-Mart has been in the hot seat for committing wage and hour violations in almost every arena including unpaid overtime, minimum wage violations and meal / rest period violations. In December of 2008, the giant company paid $640 million to settle 63 state and federal lawsuits related to wage and hour laws. In 2009 they were attacked again in Massachusetts and ended up settling a long wage and hour claim for $40 million. This is said to be the biggest wage and hour settlement in Massachusetts’ history.
Wage and hour claims have been seen in smaller cases as well. In the case of Allen v. City of Chicago a police officer is suing the City of Chicago for un-paid overtime for hours spent outside of work on PDA’s (i.e. Blackberry / Smartphone / iPhone) answering work-related issues.
Although only a few wage and hour claims have been touched on here, there are dozens of laws in place on the state and federal level that protect the rights of workers in the workplace. There are child labor codes under the FLSA, laws governing the treatment of factory workers, farmers, clothing manufacturers working from home, IT workers, and independent contractors, just to name a few.
If you feel you have been denied wages, contact a knowledgeable Lore Law Firm overtime lawyer today. They will evaluate every aspect of your situation and the labor laws governing you in your state to get you the compensation you deserve.