Wages and Overtime Pay
Rules and regulation regarding workers’ pay, overtime, and benefits change often and can vary depending on which state the company is located in. It is important for both employers and employees to understand the regulations regarding salary and wages.
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American Wage and Hour Law: The BasicsWhen it comes to fights with one’s employer, things can be pretty one-sided. Many employees do not know how to fight unfair pay or labor standards, and are afraid to do much for fear of losing their job. So, what are some American wage and hour laws, and how can you go about enforcing them?
Read more- Are Pooled Tips for Waiters Legal?
In the United States, most servers work for less than the standard employee and are further compensated by individual tips from the customers they serve. This is fairly standard. Based on what laws are in effect and when they are implemented, however, wait staff may be subjected to pooled tips where all the employees share the amount after it has been collected for the day.
Read more - Commission Payments - Are They Mandatory or Discretionary?
Commission-based pay is often mandatory if it is part of a contract for employment to a company, and these payouts are necessary to support the other lower salary or if the worker only receives commissions instead of payment through other income. Discretionary commissions can also occur if there is no contract in employment with the company.
Read more - How to File an Unpaid Wage Claim
Individuals who have not received the money that they are due for the work that they have already completed may choose to pursue an unpaid wage claim. This process may be completed through a state agency or a private cause of action.
Read more - My Employer Didn't Pay Me, Now What?
Employment law can be confusing and it can be difficult to learn what your rights are and what you are entitled to. When an employer does not pay for something (whether regular wages, overtime, tip splitting, reimbursements, or something else) it can be very frightening and confusing. Is the employer right? Should I even bother fighting? This is a list of ten workplace violations that employees should be aware of and for which legal help may be available:
Read more - New Guidance Released on Equal Pay Act
Through new guidance in the release on equal pay, the Ninth Circuit Court of Appeals issued a judgment through a court case that it is not permissible to use the prior history of salary pay at a job as any type of justification of gender disparity in payment at a company. This is per the federal law through the Equal Pay Act.
Read more - New Management and Overtime Rules Released by the Department of Labor
Rules and regulations regarding workers’ time, overtime and benefits change often and may vary based on the state the employee works in, even if he or she does not live there. This means that it is important to keep up with these changes so that it is known what is required and what may be permitted.
Read more - Overtime and Its Calculation
Certain employees are entitled to overtime pay. Federal and state laws dictate how this time is to be calculated when it is available.
Read more - Overtime Pay for On-Call Employees - Is It Mandatory?
On-call employees are often only working when the call comes in, and the rest of the time they are off duty with no hours accruing, but this can add up when these on-call workers do go in once or multiple times during this period. Overtime for on-call employees may depend on their classification as exempt or nonexempt.
Read more - Paying Employees Fairly and On Time
When employees are not paid properly, it is possible they will leave the company, file a lawsuit against the employer or even ban together and cause complications for the business. By law, if a worker has not been given adequate monetary compensation for his or her time laboring away within the company, the owner could be liable for litigation and severe penalties.
Read more - Restaurant Keeps All Banquet Gratuity - Wait Staff Only Paid Minimum Wage, No Tips. Is that Legal?
Restaurant employees are often subject to lost wages through tips being taken or other employer actions against them. Restaurant employers often find themselves on the receiving end of wage and hour claims.
Read more - Salaried Workers and Overtime Rights
With a salary usually come many benefits. A salaried worker may receive paid time off, additional medical days, holidays off and other distinct advantages. This position is often associated with a position higher in the company. However, there can be some drawbacks to being a salaried worker. In some situations, employers give this status to employees in order to avoid paying more money for overtime benefits. However, doing so can be a violation of the Fair Labor Standards Act.
Read more - Time Theft and Wage Theft - Issues for Workers and Employers
Wage theft from an employer occurs when an employer fails to pay an employee for the time that he or she worked and is entitled to pay. This can occur when an employer pays the employee for fewer hours, misclassifies the employee to avoid paying overtime pay to the employee or otherwise does not provide proper compensation to an employee.
Read more - What Is My Right to Pay During Suspension?
In many locations, it is not necessarily legal to suspend someone from a job without providing a certain amount of pay for the interim as the employee cannot work until the suspension lifts. Knowing what rights the employee has could conflict with what the company wants to do and how the employer proceeds with these actions.
Read more - Unpaid Internship Programs - Are They Legal?
Internships are an important part of the college experience to ensure that the student acquires the necessary skills, knowledge and understanding of the major or minor to perform adequately at a job after graduation. However, there are several ways that an internship can lead to an illegal situation with the company.
Read more - I Did Not Get Paid by My Employer – What Can I Do?
You are legally entitled to receive the wages promised to you. Additionally, you may be entitled to additional benefits and penalties if your employer refuses to pay you in violation of local or state law. If you have not received your pay, the following courses of action may be available to you to help recover your wages.
Read more - Problems with not Paying Employees Properly
It is important to understand that a fair wage for work is important. As the middle class is shrinking more with each passing year, money is ever more essential to daily and weekly living. Emotional, financial and psychological damage may occur when a paycheck is not paid out to an employee properly or as required by federal or state laws.
Read more - My Employer Has Not Provided My Last Paycheck
When a person quits or is terminated, he or she may believe that he or she is entitled to the last paycheck immediately. However, this is often not the case. The employer may have a certain amount of time to provide this check to the employee. However, if the employer refuses to pay the employee for the hours he or she worked, the employee may have legal options to recover these unpaid wages.
Read more - Sales Commissions - Can an Employer Change the Agreement After a Sale?
After the employee has a signed document stating what the commission agreement is when sales occur, the document cannot change the situation to increase or decrease the commission granted from the sale without a breach of contract. The employer may want to alter the commission, but this is not a legal action to accomplish without a renegotiated and changed contract.
Read more - Writ of Garnishment - Employer Responsibilities
When an employee suffers through a garnishment to his or her paycheck, the employer normally receives a writ of garnishment that the company or agency requires for the payment each paycheck. The employer generally must accept and provide the entity with the necessary funds based on the details within the document.
Read more - What Are the Laws Regarding Check Cashing and Payday Advances?
Almost everyone has, at one time or another, come up just a little short when they needed to pay a bill or meet some other financial obligation. For many, services like check cashing and payday advances can be one way to deal with this dilemma, but they come with hefty fees and other considerations. So, what are the laws regarding check cashing and payday advances?
Read more - Wage and Hour Laws for Commissioned Employees
Commissioned positions may face severe violations of wage and hour laws when the employer is not aware or adhering to these regulations within state and federal legal standards. The employee may need to bring these matters to the attention of the owner or manager, but it could lead to litigation if the employer is not willing to follow the wage and hour laws for these positions.
Read more - Employer's Failure to Garnish Employee Wages
When the courts order a garnishment of an employee’s wages, it is essential for the company to follow these orders to the letter to prevent possible further consequences to the business. This is especially important for the company in light of difficult circumstances for the individual, as it is up to him or her to seek a remedy to financial hardship.
Read more - Can My Employer Force Me to Work on a Religious Holiday?
Some religious holidays are celebrated as national holidays in the United States and the state of New Jersey. Other religious holidays are celebrated within the specific religious organizations and among their practitioners. Some religious holidays are celebrated for a day, whereas others could be celebrated over several days.
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