Wage and Hour Violations

Overtime and your paycheck

As an hourly employee, if you’re working more than 40 hours a week and not being paid overtime (time and a half) for the additional work, your employer is violating state and federal wage and hour laws. Whether the boss is simply not paying attention, you’re choosing to work extra, or he or she is thinks they’re getting “extra” work out of you, it is illegal! You may have back pay—and more—coming your way. You and your co-workers should not be cheated from hard-earned pay.

The violation

It is illegal for your employer not to pay you overtime (1.5 times your hourly rate) when you work more than 40 hours in a seven-day period. Even if your employer frowns on your working longer hours and you do it anyway because of your work load, he or she is required by law to pay you time and a half.

Here are some examples of how employees are taken advantage of:

  • Working through lunch, even if you are just catching up on e-mail or answering a ringing phone
  • Working through rest breaks, even when you’re also catching up online news at your desk
  • Asked to come in early and/or leave late. Are you working from your desk and waiting to punch in at 8 am? Or clocking out at 5 and working till 7?
  • Working from home during off hours including the weekends, in addition to putting in a full 40-hour week at the office

Note: You should know that your employer can establish any seven-day period as your work week. Typically, a week is Sunday through Saturday, or Monday through Sunday. As an hourly employee you are only allowed overtime if the worked hours in your week exceed 40 hours.

Minimum wage violations

If for any reason you are earning less than your area’s minimum age and any tips or piecework earnings fail to bring your hourly rate to the minimum wage, your employer could be breaking the law.

Other common pay-related violations

Other ways employees are cheated from part of their pay include:

If you think you may have a case, please contact us!

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