Do you think your employer may be violating wage and hour laws? If so, you are not alone.  Federal law, such as the Fair Labor Standards Act (“FLSA”), as well as State law, such as the Massachusetts Wage Act, provide important protections to workers. Greene and Hafer is a law firm dedicated to helping employees recognize and protect their rights in the workplace. Here, we will explore eight types of wage and hour violations in the workplace.

Not Being Paid For All the Hours You Work

One of the most common wage and hour violations is when employers fail to pay employees for all of the hours they have worked. If you are required to clock in, you should be paid for all the hours you are clocked in for. If you are asked to work off the clock or outside of your normal working hours, you should be compensated for those hours as well.  Sometimes, employers may pressure employees not to clock in or not to take breaks.  Document the hours you worked to the best of your ability.

Not Being Paid Overtime

One of the most common wage and hour violations is not being paid for overtime. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees time-and-a-half (1.5x their regular rate) for all hours worked over 40 in a single work week. Unfortunately, some employers attempt to skirt this law by refusing to pay overtime. If you have worked more than 40 hours in a single workweek, you may be entitled to overtime pay.  Even salaried employees may sometimes be due overtime if their job is considered non-exempt under the FLSA or State Law. 

Being Misclassified as an Exempt Employee

Employees are often misclassified as exempt from the FLSA overtime requirements, which means that they do not receive overtime or other pay benefits. Unfortunately, this practice can be widespread in certain industries. The FLSA establishes criteria for determining which employees qualify as exempt and which do not. To be classified as exempt, the employee must perform specific types of job duties and receive a salary of at least $684 per week. If you have been misclassified, you may be entitled to back wages and overtime compensation for any time worked above 40 hours in a week.

Being Misclassified as an Independent Contractor

Employees can also be misclassified as independent contractors, which opens the employer up to significant liability.  In order to be considered an independent contractor, certain criteria must be met to show that the worker is truly independent; if the criteria are not met, then the employee may be entitled to benefits that employees receive as well as overtime pay.

Illegal Deductions From Your Paycheck

Deductions from your paycheck that are not authorized by law or agreed upon by you can be considered illegal deductions. For example, employers cannot deduct money from a paycheck to cover any losses, cash shortages, or any other company-related costs without your express written permission.  Employers may not require employees to pay for uniforms, tools, or any other necessary items required for their job, such as cell phone use or required training. Employers cannot withhold wages as punishment or discipline, even if the employee is at fault. 

Retaliation

It is illegal for an employer to punish an employee who complains of or exercises their right to file a complaint regarding wage and hour violations. Punishments can include but are not limited to demotion, reduction of hours, or termination because the employee made a report. If you think that you’ve been punished in any way by your employer after filing a complaint or speaking up about an illegal labor practice, consider seeking legal help. 

Not Being Paid Minimum Wage

The Federal Minimum Wage is $7.25 per hour.  Some states, such as Massachusetts, have a higher minimum wage: it is currently $15.00 per hour.  A handful of cities may have additional minimums.  There are different rules for certain types of workers, such as tipped employees; if you have questions about whether you are being properly paid, please reach out to our office.

Late Payments

Employers are obligated to pay employees on time.  Even if an employer does pay an employee the correct amount of wages, the employer can still run afoul of wage and hour laws if the payments are made late.  The Massachusetts Wage Act specifies deadlines for employers to pay employees in a number of circumstances, and requires hefty penalties when these deadlines are not followed.

Located in Boston, Massachusetts, Greene and Hafer represents people who have experienced wage and hour violations. Our attorneys have extensive experience in handling wage and hour violation cases. To schedule an appointment with an experienced lawyer, contact our office.