Employment Law
What is Wage and Hour Violation?
Wage and hour violations occur when employers violate any number of laws related to paying employee wages. Examples of wage violations includes failing to pay employees for missed breaks, or for all hours worked, or failing to pay prevailing wage on applicable drive time. Our attorneys are exceptionally knowledgeable on wage and hour violations. If you've been cheated out of wages by your employer, call us for a free consultation.
In most industries, hourly workers are entitled to one ten-minute break for every four hours worked. For example, if you work eight hours, you are entitled to two ten-minute breaks. Workers are entitled to a meal period when they work over five hours. A worker must get a thirty-minute meal period between the second and fifth hour of work. If the meal period is interrupted, it must be paid.
Employers are required to pay employees for all hours worked. Sometimes employers are required to pay for an employees' time driving from home to job sites and returning home at the end of the day. This all depends on whether an employee is traveling for a work-related purpose. Our attorneys have brought and won claims related to unpaid drive time and recovered wages for workers.
In general, hourly wage employees who work more than 40 hours in a 7-day work week must be paid overtime. When paying overtime, employers must pay at least one and one-half times the worker’s regular hourly rate. We are committed to recovering wages when employers withhold pay.
Hourly employees working more than 8 hours in a day working on prevailing wage jobs are typically also entitled to overtime pay when they surpass 8 hours in a day.
When employers receive certain government jobs, they are required by law to pay a specific amount to employees working on those jobs. Prevailing wages impact how an employee must be paid overtime and can impact pay for all hours worked including drive time. Failure to properly pay prevailing wage can happen in any industry, but primarily happens in the trades when employees are working on government projects for their private employers.
Only employees performing executive, administrative, or professional duties can be paid on salary. When employees are misclassified, employers fail to follow certain laws that they should be applying such as overtime and break laws.
Our attorneys are experienced and skilled in Wage and Hour matters. We are passionate about recovering worker wages and ending wage theft. People work too hard for their employers to withhold what they owe under the law.
It is illegal to pay men and women differently who are in the same positions with equal qualifications, skill levels and education levels. It is also illegal to lower one’s salary to bring him or her in line with the other employees to correct a gender pay imbalance.
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