Tips to make sure you are paid for every single working hour

There is no denying the fact that some employers cheat their workers and do not pay them properly. If you or your dear ones have ever faced such injustice, in spite of working off the clock, then you have all the rights to sue the employer for your wages.

 

If you are not sure, whether your employer is paying you for your complete working hours or not, then here are few tips to adhere, in order to get your rightful wages-

• Keep record of your working hours. Many employers make improper adjustments in the working hours of the employee in order to save their few bucks. You should not rely upon them completely because if you need to sue them later on, you will need to show your working hour records.
• Different workplace has different policies and procedures. At the time of joining, worker has to sign the manual. To be on the safe side, workers should keep one copy of the manual with them. This is because often employers contradict with the policies mentioned in the manual.
• Additional records proving you have worked overtime must be collected. This will also prove to be great evidence when filing a lawsuit against the employer.
• Maintain copy of your paystubs. This will also prove to be of great help, when needed to file a case against the employer.
• Colleagues who are also not being paid for their overtime can also prove to be good corroborator for your case.
• In order to get rightful compensation, you must contact an overtime lawyer who is well versed with employee rights. Discuss your case with an experienced lawyer. You should provide him all the evidences related to your working hours and manual of the employment law firm. In case, you do not have any evidence, then also the lawyer will guide you and help you get fair compensation.

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Employers’ wage schemes that every employee should be aware of

What an employee wants after working long hours for employer? To be paid fairly. You may not be aware of this but many employers use various tricks, schemes and methods aimed at deceiving their workers when it comes to wages. They trick employees into obtaining wages lower than what they truly deserve.

However, here is how employers scheme employers into getting less salary or no overtime. You should be aware –

If they are making you work before sign in or after sign off – You are entitled to get overtime if you are still finishing work after working hours or you started before signing in. If your boss is making you work even after signing off or before signing in, then you must claim overtime. It is a common trick that one uses to get a job done without paying a single penny.

If they are not paying you appropriately for overtime hours – You should be aware of the fact that overtime rate is time and a half of the hours. If you are not getting this rate for your extra hours’ work, then you should claim fair wages. Sometimes, companies pay simple salaries along with tips instead of appropriate overtime. It is against the law and a violation of your wage related rights.

Some bosses may tell you that you are not entitled for overtime since you are being paid on the salary basis. You must check if you fit in the overtime category according to regulations.

If they are making you work even in breaks or lunch – Many employers make their workers complete tasks in breaks or lunch time. It makes you entitled for overtime, which is usually not paid by bosses. You should be aware of these schemes to avoid getting tricked.

If there are illegal deductions in your salary – You should be aware of any deduction in your salary. You must demand answers from bosses if there are illegal deduction in your payment. Many employers deduct employees’ salaries illegally for invalid reasons like improper or missing uniform.

If you are a victim of any of the above mentioned situations, then you must contact an unpaid wages lawyer to know about your legal options. Your lawyer can suggest you the best legal action in these situations, so that you can claim your rightful payment.

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Wage and hour obligations that your Employer Must Comply with

Every employee deserves fair pay, but increasing incidents of wage theft tell different story. Many employers use a number of tricks to violate their wage and hour obligations in order to have that extra money in their account. If you do not want to become such victim, you need to ensure that your employer is abiding by the following-

Recordkeeping- An employer is responsible for precisely maintaining the record of actual work hours for every employee. It is essential for every employer to ensure that the records of an employee’s work hours are secure and are accessible whenever required. Thus, you should ensure that your employer is doing that, whether your employer uses a time sheet, time clock or computerized time clock for that.

Fair Pay- It is essential for an employer to ensure that every employee is paid fairly, which means that employer has to comply with the minimum wages and overtime requirements properly. It is equally important to ensure that all employees are receiving equal pay and no one is discriminated with incorrect pay compared to what other workers are getting.

Correct Classification- one of the main tricks that employers use to avoid paying overtime is by misclassifying their employees. They misclassify their workers as exempt when in actual they are not. Hence, it is necessary for you ensure that your employer has classified you correctly based on your salary and job responsibilities.

In case, you have become victim of the wage and hour violations, it is important for you to get in touch with a lawyer for unpaid wages. You can get your case evaluated from a professional lawyer for no cost, as they offer free consultation and charge no fee until they win the case for you. Your lawyer will fight to help your protect your rights and get you all lost wages that you are entitled to receive. It is all about your employee rights and there is no place for any compromises.

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Are you sure that you are getting fair pay at work?

All employees are entitled to receive fair pay regardless of whether they are paid by the hour, are part time or even salaried. Unfortunately, many employers use different tricks to keep the hard-earned money of their employees in their account. Increasing numbers of incidents associated with wage and hour violations is a wakeup call for every employee.

Hence, it is essential for every employee to be aware of their rights as well as the tricks used by employers to commit wage theft. Some of common tricks that employers use to violate wage and hour violations are-

• Employers could ask their employees to work “off the clock”. Such work can be anything like warming up a piece of equipment or helping other workers to end their shift. There you need to remember that it is illegal and you are entitled to receive pay for such activities.
• Many employees ask their workers to do work related activities when they are on their mandatory meals, which is against the law. No employer can ask you to work while on your mandatory 30 minute meal break.
• You are entitled to receive overtime for all hours worked over 40 in a working week. But employers use tricks such as misclassification of the employee or unapproved overtime to prevent overtime payment. If it is happening to you, it means you are not getting a fair pay.
• Many employees have limited information about their rights and employers take advantage of that by telling them that pre-shift and post-shift work is not compensable. Remember, you should get paid for every work related activity.
• You must receive at least the minimum wages set by the law from your employer. However, some employers do pay workers below the standard hourly rate that is illegal and one can take legal actions against it.

Hence, if you believe that you are not getting a fair pay and your employer is violating your employee rights, you must get in touch with a professional FLSA overtime attorney. These experts can evaluate and process your case without any fee, as you do not need to pay them until they win the case for you.

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Are you being paid for your overtime?

It is a sad truth that many employers cheat their workers out of their due wages. Such employees often have to struggle to get their hard-earned money. If you are amongst such workers, following are few tips that will help you fight for your rights and ensure that you are paid for your work-

• Keep track of your working hours. Do not rely on the employer that he would tell you the exact working hours.
• Every workplace makes their employees sign a contract. To be on the safe side, you should keep a copy of the contract with you. This will help you ensure your rights, if company breaches the contract.
• Company also has their policy and procedure manual. You should make sure you have one with you. This will give you a thorough knowledge of the dos and don’ts of your company’s policy.
• Never hesitate to ask wages for your extra working hours. Also, ask your colleagues whether they were paid for every extra work they put in. In case, you find evidence of discrimination then contact an unpaid wages lawyer.
• Always voice your concern, if you are not being paid for your work. If done unintentionally or due to some mistake, employer will definitely remedy the problem.
• If verbal communication does not solve your problem, then you must make a formal complaint through an e-mail or a memo. The written complain should include date and time so that you have a proof of it, in case the employer claims that he was not informed by you before.
• At times of written complain, employer may use a trick of changing your job responsibilities, in order to prove that you were being exempt from your duties. In such cases too, you have the right to claim your past overtime wages. 

From the aforementioned tips will help you handle such issues, if employer does not pay your wages.

If you are not able to handle such issue on your own, seeking help from an overtime lawyer is advisable. Discuss your case with the attorney and make sure all paper work is completed. The paper work should include detailed list of working hours with other points, after all the wages will be calculated on the bases of working hours.

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Are you aware of the common unpaid wages issues?

Unpaid wages includes deduction from salary or the overtime money that the company does not agree to pay. It is the part of your hard work and you have complete right on it. So many employers do not pay their workers properly.  It is the right of every employee to get the complete payment.

Employees face number of situation at workplace when they do not get complete payment despite of their work. The most common unpaid wages issues are-

• Not paying the desired salary- in this situation, the employee does not get the fair salary or the employer refuses to pay the salary that the employee deserves. Paying less than the decided salary or not paying at time is also included in it.
   
• Deduction from salary- in some situations, employers unnecessarily deducts money from the worker’s salary.  This is the most common unpaid wage issue in highly reputed companies.
   
• No overtime pay-  despite the hard work of the worker, he fails to get the pay for the extra time, he worked at job
   
• Refusing to pay bonus and commissions- bonus and commissions is every employee right. The employer even refuses to pay bonus that was pre decided.

It is illegal, if an employee agrees to work for extra time and the employer does not pay for it. Therefore, if an employee come across any kind of the aforementioned situation, it is advisable to take help from the professional unpaid overtime attorney.  The professional lawyers can help workers in filing proper lawsuit to get fair settlement for unpaid time and work.

On the other hand, the employees should also make efforts on getting the right amount of pay they deserves. For example- the worker can keep record of his/her working hours rather than depending on the employer. Moreover, majority of workplaces have their policy or procedure manual. So make sure to go through the manual carefully and keep a record safe with you.

However, if you feel that you are not being paid accordingly, then you should not hesitate to raise the issue or speak to higher authorities.
There are several other problems that the workers face and do not get proper compensation. All these conditions are violation of law.

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Are you not aware with the rights of legal workplace and employment?

Are you working in an organization and not aware with the rights of the rights of legal work place and employment? Well if yes, then it is the time to take assistance from the employment lawyer. Employment lawyer is an expert in law field.

Under the assistance of the lawyer, that you choose will guide you about the legal workplace and labor rights, you may get rid of your problems of employment that you are going through. There are numerous employment violations that you may not even get an idea when your employer may debar your rights.

Therefore, it is advisable to seek help from lawyer as through their experience they can guide assist you better.

Some of the advantages that your employer will avail from you are as follows-

• cancellation of salary
• not considering extra working time
• Not paying commission to the employee
• intentionally paying bounced paycheck
• Not paying for overtime
• not paying for extended work hours

If you are facing above problems, then it is high time to take help of a professional unpaid wages attorney. If for an instance you win the case, you will be getting legal and lawyer fees from the employer. This is because of the employer that you had to seek help from the court and spend money to fight for your rights.

However, before filling case against your employer, you should not only contact a lawyer but at the same time, you should keep some evidences against your employer that will help you to make your case even more strong. Moreover, you should finds it out whether the case was genuine, as in many cases it is seen that the employer is not the defaulter rather faults from bank errors can be the cause of delay in receiving salaries from employer side.

The other important thing that you need to consider is choosing right lawyer. It is important aspect, as your case depends much on the lawyer. Therefore, make sure that the lawyer not only holds good reputation among other reputed lawyers but has years of experience in practicing law in this field. Moreover, he should be able to solve your case effortlessly so that there is no chance of defeat.

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Nanny wage troubles for celebrities that ended in lawsuits

Lawsuits are not new for celebrities since many of them are continuously in trouble. Unpaid wages and overtime are one of many aspects for which many celebrities have been sued in past few years. There is a long list of stars who faced lawsuits from their nannies for unpaid wages.

Singing sensation Mariah Carey and her estranged husband Nick Cannon faced the allegations that they did not paid their children’s nanny fairly. According to the claimant, she worked almost 100 hours per week. According to her claims, star refused to pay for all the extra hours she spent taking care of singer’s kids. Claimant worked for the singer for years but never received her overtime wages. In the end, plaintiff was terminated from the job for expressing excessive fondness towards kids.

Singer and songwriter Usher is another star who was indicted by his children’s nanny. Claimant worked part time for the star. She often worked more than 40 hours in a regular week for which she was never paid justly. In the end, she was fired without any overtime payments. She filed a lawsuit against singing star for her rightful overtime payments.

Actress and socialite Brooke Mueller also faced the allegations from her former nanny regarding unpaid wages. Claimant has demanded almost $10 million in the overtime payments for her extra hours and work. She worked for years with actress. During that period, she worked more than 40 hours in a regular work week without any payment.

Pop sensation Britney Spears was also indicted by an ex nanny regarding unpaid wages. In this lawsuit, claimant demanded over $35,000 for a one month's work. Singer and model Tamar Braxton along with her Vincent Herbert faced the allegations of not giving fair payments her former nanny. According to the claimants, star is obliged to pay her more than $161,000 in unpaid wages. She claimed that she never received reasonable salary for her work and extra hours.

There are several other lawsuits in which celebrities were sued by their nannies for wages, overtime etc. Like every other employee, these child care professionals also have a right to get paid fairly for their work and additional hours. If you are nanny and a victim a wage theft, then you must contact a professional and experienced overtime attorney. These attorneys can aid you in getting your payments and overtime back along with damages. They have the knowledge and experience, which they use to gain advantages in claims in favor of their client.

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When do you Need Help from a FLSA Overtime Attorney?

There are strict wage related laws in the United States of America, yet some employers use different tricks for not paying fair wages to their employees, which is the violation of FLSA guidelines.

To ensure that you do not become victim of wage theft, it is essential for you to know your entitlements.

Below mentioned are some of the mostly reported wage related cases. In case you fall victim to such a situation, you must consult a FLSA overtime attorney immediately to legally claim your wages -

• Many cases have been reported where employers do not track and calculate the total hours worked by their employees. If your employer does the same, it can be an intentional trick for not paying overtime pay.
• You must know that your employer needs to pay minimum wages set by the law. Find out the minimum wages in your state and make sure you are getting paid fairly, other do not hesitate to file a claim.
• If your employer makes you work off the clock (during the shift or in the mandatory meal breaks), it is wage and hour violation.
• Many employers misclassify their employees’ type of employment to avoid paying overtime compensation.
• Some employers make their employees work pre-shift or post-shift without any compensation. You are entitled to receive pay for every pre-shift or post-shift work.
• If you have already raised your voice against the wage and hour violations, but became a victim of retaliation, a professional lawyer can provide you the needed protection given by the law.

If you believe your employer is not paying you the money you are entitled to receive, get in touch with a professional unpaid wages lawyer immediately.

Your lawyer can offer you a free consultation to help you understand your legal position. Some experienced lawyers do not even charge any fee until they win the case for you. Therefore, under no circumstance, you should compromise with your employee rights.

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Can you get fired for Raising Your Voice against Wage and Hour Violations?

There are stringent wage related laws in the US such as the Fair Labor Standards Act (FLSA) and various state law protections. Still every year many employers violate state and federal wage and hour laws. Regardless of the fact that violation occurred intentionally or unintentionally, employees have the rights to raise their voice against it and there are some serious penalties for employers who violate the law.

Unfortunately, many workers make compromises with their rights just because of the fears of negative actions that the employer may take against them. One of their main concerns is getting fired from the job. It is essential for all the workers to understand that the law protects them from retaliation for invoking wage and hour rights. It does not matter whether the complaint for violation was formal or informal, you are protected by the law, but still it is always best to consult with an attorney before taking that step forward, because if it’s done informally, you need to prove that it happened!

No employer is allowed to fire any employee for raising his voice against the violations of wage laws. But it is kind of like freedom of speech in a dictatorship – you can speak up in an oppressive country like North Korea, but there are consequences afterwards. Even though it’s illegal the employer can improperly fire you, but you may have a strong lawsuit for retaliation, but not have a job, that’s why someone who’s been through it before can discuss with you your rights and the prospects of success. Retaliation does not mean termination only, as it can also occur in different forms such as demotion, change in job responsibilities, job title, etc. Employees that experience such changes should consider it as retaliation. 

Therefore, if your employer fails to pay state or federal minimum wages, overtime or misclassifies you, do not hesitate to raise your voice, but you should first seek help from an experienced overtime attorney to have an understand of how the law protects you from retaliation in such situations. Your lawyer will gather both direct and indirect evidence to prove retaliation.

Many lawyers offer free consultation session and do not charge any fee unless they win the case. Therefore, there are no reasons for you to avoid or hesitate while seeking legal help. Honest pay is your right and you must not make any compromises on it.

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What are the wage rights of computer professionals in the US?

Computers have taken over the world and the demand of computer professionals has increased accordingly. In the US, there are millions of people that work in computer related fields. But, what are their wage rights? How do computer professional fare when it comes to wages? Are they covered under the Fair Labor Standards Act (FLSA)?

Here are the wages and overtime related details that an IT worker in the US needs to know. Please note that certain states may have additional protections, like Pennsylvania, which may demand that computer professionals receive overtime.

According to law, people on selected careers in IT industry may be exempt from overtime if their classification and actual job duties dictate it. They include –

• Computer systems analysts
• Programmers
• Software engineers
• Other equally skilled professionals in this field

But, this exemption is for those workers that are receiving

• At least $455 per week (salary basis)
• At least $27.63 per hour

Their designation or job titles have nothing to do with this exemption, but the substantive work means everything. For example, if you hire a computer professional for $455 a week and make him or her work 60 hours and then just have them clean the floors, then they would not be entitled to the exemption. If they do actual programming, then they might. But be warned, in certain states the workers may still be entitled to overtime.

The Employees’ responsibilities play an essential role in this exception to overtime in the regulations. The Federal Law has demarcated several job responsibilities and if your work matches these pre-defined options, then you are most like exempt from overtime under Federal laws. These job responsibilities include –

• Systems’ analysis techniques and process application
• System’s design & development, documentation
• System’s analysis, testing or modification
• Computer program’s design, testing, and more

An IT worker that performs the above mentioned job responsibilities do not fall under federal law.

Furthermore, workers that heavily depend on computers for their work still fall under the protections of the minimum wages and overtime laws of the FLSA. But, if employers fails to show that the employee is properly exempt under the law, then the worker has every right to for overtime pay for the extra hours and work.

Many IT workers think that if they are salaried, then they are not eligible for overtime. In addition, they also think that they are not entitled to overtime. If your occupation falls under the minimum wages and overtime laws, then you have the right to receive fair payments. If the employer refuses to pay you proper amount, then you should contact an unpaid wages lawyer.

Attorneys can help you in getting your fair payments, back wages, as well as compensations for the damages (if required). The Attorneys can also guide you regarding state’s payment laws since some states mandate that even IT professionals are paid properly.

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Celebrities and unpaid wages – A long history!

Unpaid wages are a serious problem that have been increasingly been reported in different industries and the film and television industry is not an exception. Every once in a while cases emerge where a celebrity faces an overtime lawsuit due to unpaid wages. There is a long list of these cases.

Recently, a lawsuit was filed against the famous singer and musician Courtney Love. A claim was made by a writer for not receiving payments for his work on the singer’s biography. Previously, Ms. Love’s former aid took legal action against the singer for breach of contract and unpaid salary, as well as accusations of wrongful termination. Just because someone makes a claim for wages, doesn’t mean they are correct, but there is also the perception by celebrities and industries such as the NFL that is a privilege to even be affiliated with them, so they may try to cajole individuals to do work for little or no pay. 

Renowned chef and restaurateur Gordon Ramsay’s restaurant in Los Angeles (LA) was sued for unpaid salaries and overtime. This lawsuit was filed by the former employees of restaurant. In 2010, the famous singer Rihanna also faced the allegation of unpaid wages by her trainer. Trainer claimed that the singer owes her almost $26,100 for personal training services.

Comedian and actress Wendy Williams faced the allegation of not paying fair salaries to an ex-intern. An unpaid wages complaint was made against the singer and songwriter Anita Baker by her lawyer. In this lawsuit, the lawyer demanded $69,000.

It is not only celebrities that face allegations of not paying fair payments to their employees. Sometimes, even stars are stuck in the same situation. Recently soccer star Ivan Franjic left the Russian club Torpedo Moscow. He left this club over the claims of not receiving proper payments.

All these cases show that even celebrities are not safe from unfair payments and lawsuits. If you have also fallen victim to this situation, no matter who the employer is, then you should immediately contact an experienced and professional unpaid wages and overtime lawyer. An experienced attorney can help you in getting your wages for the hours worked and possibly even double or triple damages, plus attorney’s fees.

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Who can assist you in getting your unpaid wages?

The Fair Labor Standards Act (FLSA) is the federal law that protects wages and other rights of employees in America. Still, many workers fall victim to wage theft and unpaid salaries. Employers find different methods like falsely claiming an exempted position or employee contract to trick workers out of their fair wages. Usually, they trick employees in overtime, bonuses, paychecks, and commissions, breaks, off the clockwork, vacations, or leave.

There are many different government agencies charged with investigating wage theft, but the government is not incentivized to zealously protect your rights. Government workers receive a salary no matter what happens to your case, they are graded statistically on them resolving cases, not necessarily by the quality of the resolution. In contrast, most private attorneys who litigate wage and hour disputes are not paid unless they win your case, so they have ever incentive to win your case and win big, if feasible.

You can contact an unpaid wages attorney to file a lawsuit against your employer. Usually, lawyers first speak with you at length about your case and determine if this affects many other people. If so, it may be brought as a class or collective action which can try to maximize your recovery and remedy an injustice. In contrast to a government settlement, if your case is brought as a class, the lawyers will try to get you an incentive award above and beyond your maximum relief that you may be entitled to by law.

In off the clock claims, as the plaintiff you have the burden of proof and you need to provide proper evidences of wage theft. It may include records of work hours (whether on paper or electronic), paychecks etc. and evidence contradicting the paid hours. If you are classified as exempt from overtime and the employer makes you work many hours claiming your salaried, the employer has the burden of proof. For example, if they call you an account manager and try to say your exempt from overtime but you don’t manage any people, they may have misclassified you and you may be entitled to overtime for all those overtime hours worked.

What can you get from lawsuit?

Under Federal Law, Workers can get back payments if they win lawsuit in court. They might also get an equal amount for the liquidated damages. In addition, the attorney's fees are often paid separately. Each state may also have other damages you are entitled to.

You should discuss with your lawyer about the compensations or other fees you may receive on winning the unpaid salary case.

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How Are The Most Common Types Of Wage Theft?

The number of cases for wage theft is at rise in the United States. Wage theft is an illegal act in which employer refuses to pay fair payments to their employees. It often occurs when the employer deliberately shorts the employee pay, or confuses the employee regarding the pay and their wage and hour rights.

While there are many federal and state laws to prevent this illegal act, many employers still manage to find a way to cheat their workers out of their fair payments.

Below mentioned are the most common types of wage theft–

alaries etc. to their employees. It includes t of their fair payments. But what is wage theft?

• Overtime – Many employers refuses to pay overtime to employees for all the extra work and hours they have spent in office. According to the law, workers have the right to overtime for each hour they spend working after 40 work hours in a regular workweek. In addition, there are several exemptions for overtime based on employees’ occupations. You need to confirm with your boss and lawyer if you do or do not fall under the exempt category. If you are a non-exempt worker, then your boss is liable to pay for each hour you work over 40 (in a week). Even if your employer pays you on a salary basis, you may still be entitled to overtime if they’ve misclassified you.
• Minimum Wage – This is another category in which employers do wage theft. The law has determined the minimum wage that bosses have to pay to their employees. Many companies try to cheat their staff out of proper pay. They decline to pay the minimum wage amount to workers, which is a violation of law. This may happen in a number of ways including improperly claiming a tip credit against minimum wage. Also, some states have a minimum wage higher than the federal minimum wage and the employer is obligated to pay the higher of the two, not the lower!
• Improper deductions in pay – Many companies illegally subtract a certain amount from their employee’s pay. The deduction may be for a lunch period that a worker does not have which is free and uninterrupted, or a mandatory assessment for equipment that the employer was supposed to provide.
• Employee misclassification – Many companies try to trick their employees out of their salaries by wrongly classifying them in a different manner. They try to describe workers occupations as independent contractors so that they can be exempted from benefits like minimum salaries, overtime, and more. They also may call them managers when they only manage phones and not people.
• Working off the clock– Some employers make their workers work off the clock, which is also a violation of the law.

What you should do if you fall victim to wage theft?

The FLSA, or Fair Labor Standards Act allows a private right of action. You should contact an FLSA overtime attorney to get comprehensive legal counsel. Overtime lawyers generally only charge if they win your case and offer free consultations.

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How Some Employers Exploit Tipped Employees?

No matter what your job is (waiter, bartender, busboy, or any other profile for that matter) earning tips at work requires hard work. Sooner or later, you will realize that making a living wage on tips depends on whether or not customers choose to tip well enough and whether the company plays games with the tip process. Unfortunately, many of the tipped employees do not know about the tip credit provisions and unscrupulous employers take advantage of the process.

If the amount of tips you regularly receive is more than $30 per month, you may be considered as tipped employee. You are entitled to keep your tips with you, but it also means that your employer can claim a tip credit.

To comply with the minimum wage regulations, your employer needs to still pay wages of at least $2.13 per hour, as the employer can claim up to $5.12 per hour as a tip credit. If your employer uses this credit then it suggests that your employer expects you to receive minimum tip of $5.12 per hour. The employer must provide you all the mandatory information before claiming a tip credit.

However, if the company does not provide you the mandatory information about the tip credit, it may be held accountable for unpaid wages and/or a tip credit violation. If you have any uncertainties regarding this, you can discuss your situation with a professional overtime and unpaid wages lawyer.

Nonetheless, your employer must notify you about few things such as below-

• The cash wage he is paying you should be at least $2.13 per hour.
• The additional amount claimed as tip credit cannot go beyond $5.12 per hour.
• The tip credit claimed cannot go over the amount of tip you actually receive.
• You are entitled to keep your tips, unless there is any tip pooling agreement restricted to workers that usually receive tips. This is an important issue! The company itself and/or management is not allowed to keep a portion of your tips.
• No tip credit will apply to any of the tipped workers that have not been educated about the tip credit conditions.
• Overtime for time and a half is not $3.25 an hour! Overtime is the non-tipped minimum wage $7.25 with time and half, then subtracting the tip credit, which should put the hourly base rate at least $5 an hour for overtime.

If you believe that your employer has failed to tell you the required information about tip credits, you may be able to collect your lost wages. Speak with a professional lawyer to have your situation evaluated. You can book a free telephonic consultation session with these attorneys and you do not need to pay them any fee unless they win your case.

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How Can An Overtime Lawyer Help You?

Increasing wage and hour issues indicate that more and more employers are deliberately violating guidelines of the Fair Labor Standards Act (“FLSA”) to minimize labor expenses and increase their profits. Employers use numerous tricks to achieve their goals of wage theft. If you believe that your employer is violating your wage rights, you should raise your voice and seek help from a wage and overtime law firm.

Following are some of the situations when you should seek help from a labor lawyer to help get justice and resolve your present situation-

Misclassification of Employees- According to wage and hour laws, it is essential for employers to pay overtime to employees that are classified as non-exempt. However, many employers deliberately misclassify their employees as “salaried” to avoid paying money they are entitled to receive. Just because someone is salaried, doesn’t mean that they shouldn’t be paid overtime!

Off the Clock Work-Employees are entitled to receive pay for all hours worked. However, in many situations, employers make their employees clock out and then work. It is against the law to make an employee work while they have signed off and workers are entitled to receive pay for this time.

No Minimum and Overtime Wages- It is essential for employers to pay their employees at least minimum federal wages and state wages for the state they reside. They also need to pay at least one and one-half times of their regular rates of pay for hours worked over 40 in a workweek. Not complying with these rules means that workers can seek help from a labor and employment attorney to file a case against the employer.

No Pay for Pre-shift and Post-shift- Many employees are not aware about their rights and become victim of wage theft in various situations. Employers mislead workers by passing information that pre-shift and post-shift work is not compensable. Such work may include security sweeps, computer boot up time, looking for a work station or waiting for a boss to arrive. Hence, it is essential for workers to know their employment rights.

Retaliation- The law protects employees from retaliation after they have raised issues associated with wage and hour violations. If an employer fires, demotes, or changes duties of their employees after the reporting of wage issues, it can be considered retaliation.

These are some of the situations in which you would need to discuss your circumstances with an experienced law firm to have your case evaluated.

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Common Wage and Hour Violation Mistakes that Every Employer Must Avoid

With each passing year, the numbers of wage and hour violation cases are increasing. According to the Fair Labor Standards Act (FLSA), it is mandatory for employers to pay their employees correctly, based on the numbers of hours worked. In case your employer fails to comply with the FLSA guidelines, you have the right to file a legal claim with the assiatance of unpaid overtime lawyers.

 

To have a better understanding of the wage and hour violations and to ensure that you don’t become a victim, you should go through the information given below.

• Many employers deliberately misclassify their workers as exempt from overtime and claim they are salaried. However, it is necessary for employers to make sure that the job duties of workers is in accordance with one of the exemptions from overtime, before they can be classified as exempt. The employer must prove the exemption and everyone has a different threshold to meet. Don’t let the employer trick you into thinking you are salaried and not entitled to overtime – in fact, you may very well still be entitled to it.
• There are certain situations in which employers need to pay for the travel time, but unfortunately, not many employers bother about it. If an employee has been asked to come back at work because of an urgent work, travel time may be compensable in such situations. There are also few other situations when workers are entitled to receive compensation for the travel time. Sometimes going to the first or last job site is not compensable, but traveling to other sites between the first and last generally is.
• Many employers also take advantage of unpaid breaks. According to FLSA, any break under 20 minutes should be paid. For meal breaks the employee is entitled to a free uninterrupted meal time. If the employer doesn’t pay for meal time, but doesn’t relieve the employee fully from their duties, the employee may be entitled to overtime.
• Not paying overtime to employees is one of the most crucial wage and hour violation mistakes. However, some of them do it deliberately while others do it unintentionally. Generally, it is done to save money so the owners make more, the shareholders make more or the managers receive a bigger bonus by keeping time under control.
• Improper record keeping is another mistake which can be used against the employer.

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How Human Psychology Encourages Wage Violations?

Cases of employers refusing to pay overtime wages and employees not taking action against it are a normal thing in the work places. Employees may not realize it but psychology plays an important role in increasing the risk of unpaid wages. Human psychology affects the way workers behave in the work place in different situations, whether they are good or bad.

Following factors in the workers’ psychology increases the risk of unpaid wages –

Human are social creatures – It is a common phrase that humans are social creatures. It is in their nature to live in groups and try to fit in these groups. In offices, these human psychology forces employees to try to perform better even in worse situations. Workers try very hard to socialize with others, no matter how hard the conditions are for them. When workers do not take any action against the first unfair situation, it encourages employers do it again and again. It can start with forcing to spend some extra hours in office on a weekend without payment, and can go up to the worse conditions like bosses refusing to pay entire week’s overtime.

If no one else is objecting, then why should I – It is another characteristic of human psychology. Usually, when we see that others are not objecting over unfair conditions, we too refrain from taking any action against it. Slowly, it becomes an unspoken rule of the work place. It can lead to unpaid wages since bosses see that their workers do not complain.

People are habitual – We get used to things/situations in a very less time. Not getting paid for the worked hours or overtime slowly becomes a habit.

Loyalty is in human nature – After working for several months or years in the same office, employees become loyal to the company/boss. It becomes hard for them to protest or sue the company, even in case of unfair conditions. People feel compelled to continue working for their boss even if they are not getting paid fairly.

Due to above mentioned characteristics of human psychology, employees risk being wage victims. If you are not getting paid according to your work hours or extra time, contact overtime lawyers to help protect your rights.

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