wage and hour violations occur when employers fail to comply with federal and state laws regarding minimum wage, overtime pay, and other regulations related to employee compensation. These violations can result in significant financial losses for employees and legal consequences for employers. Some of the most common wage and hour violations include
Minimum Wage Violations
Employers must pay their employees at least the federal or state minimum wage, whichever is higher. Violations occur when employers pay less than the minimum wage or fail to properly calculate and pay for all hours worked.
Overtime Violations
Non-exempt employees are entitled to receive overtime pay for any hours worked beyond 40 hours in a workweek. Violations occur when employers misclassify employees as exempt or fail to pay overtime rates, which are typically
5 times the regular hourly rate.
Misclassification of Employees
Employers may misclassify employees as independent contractors to avoid providing benefits and protections required for employees. Misclassification deprives workers of minimum wage, overtime pay, and other benefits, leading to wage and hour violations.
Off-the-Clock Work
Employers must compensate employees for all hours worked, including work performed before or after scheduled shifts, during breaks, or while performing job-related tasks. Violations occur when employers require or allow employees to work off-the-clock without proper compensation.
Meal and Rest Break Violations
Many states require employers to provide meal and rest breaks to employees. Violations occur when employers deny or interrupt these breaks or fail to compensate employees for working during these breaks.
Failure to Pay for Training and Meetings
If attendance at training sessions, meetings, or other work-related activities is mandatory, employees must be compensated for their time. Violations occur when employers fail to pay employees for attending such events.
Payroll Deduction Violations
Employers may not make unauthorized deductions from employees’ wages, except for legally mandated deductions such as taxes or court-ordered garnishments. Violations occur when employers deduct wages for uniforms, tools, or other expenses without proper authorization.
Recordkeeping Violations
Employers are required to maintain accurate records of employees’ hours worked, wages paid, and other relevant information. Violations occur when employers fail to keep proper records or falsify records to conceal wage and hour violations.
Retaliation
Employers are prohibited from retaliating against employees who assert their rights under wage and hour laws. Retaliation can include termination, demotion, or other adverse actions taken against employees who file complaints or participate in investigations.
Child Labor Violations
Employers must adhere to strict regulations regarding the employment of minors, including limitations on hours worked and types of work performed. Violations occur when employers hire underage workers for prohibited jobs or exceed the allowed working hours.