Wage and hour laws are designed to protect workers by ensuring fair pay and working conditions. These laws govern a range of issues such as minimum wage, overtime pay, working hours, meal and rest breaks, and other employment conditions. While most employers strive to comply with these laws, violations do occur, and it’s essential for workers to be aware of their rights to protect themselves and ensure they are being fairly compensated.

In this article, we’ll explore some of the most common violations of wage and hour laws, how to spot them, and the steps you can take to address these violations. We will also discuss the role of a Wage and Hour Sexual Harassment Attorney in helping workers navigate complex legal issues related to wage disputes and harassment claims.

1. Failure to Pay Minimum Wage

One of the most common violations of wage laws is failing to pay employees at least the federal or state-mandated minimum wage. The Fair Labor Standards Act (FLSA) sets the minimum wage that employers must pay their employees, but some states and cities have their own higher minimum wage rates. Employers are required to comply with the higher of the two rates.

• How to Spot It: If your paycheck falls short of the minimum wage based on your state or federal standards, you might be facing a wage violation. Keep track of your hours worked, and compare your earnings to the applicable minimum wage rate.

• Common Reasons for Violation: Employers may misclassify workers, such as treating employees as independent contractors or offering them a salary in an attempt to avoid paying minimum wage. Be aware of your employment status and rights.

2. Overtime Pay Violations

Overtime laws mandate that non-exempt employees are paid at least 1.5 times their regular hourly rate for hours worked beyond 40 in a week. Unfortunately, some employers fail to pay the correct overtime rate or improperly classify workers as exempt to avoid paying overtime.

• How to Spot It: If you work more than 40 hours in a week and are not compensated at a higher overtime rate, you may be experiencing an overtime pay violation. Keep a detailed record of your hours worked and your hourly rate to identify discrepancies.

• Common Reasons for Violation: Employers may incorrectly classify workers as “exempt” from overtime pay, typically by claiming they are in a managerial or professional role, even if their duties do not meet the legal criteria for exemption.

3. Misclassifying Employees as Exempt

Employers are permitted to classify certain employees as “exempt” from overtime pay under the FLSA, but this classification must be made correctly. Misclassifying non-exempt employees as exempt is a common violation, as it allows employers to avoid paying overtime.

• How to Spot It: If you regularly work over 40 hours per week but are not paid overtime, check your job duties and employment status. Exempt employees typically have managerial, professional, or executive duties. If your role doesn’t match these criteria, you may have been misclassified.

• Common Reasons for Violation: Some employers attempt to avoid paying overtime by claiming employees are “exempt” from the law when they are, in fact, not. If you’re performing non-managerial tasks, and your job doesn’t require specialized knowledge or skill, you may be entitled to overtime pay.

4. Failure to Provide Meal and Rest Breaks

In many states, employers are required to provide meal and rest breaks during shifts that exceed certain lengths. For example, California law requires a 30-minute meal break for every shift over five hours, and a 10-minute rest break for every four hours worked. However, many employers violate these laws by not allowing employees to take their breaks or by failing to track them.

• How to Spot It: If you’re not provided the legally required breaks or if you’re asked to work through your breaks, this is a violation. Keep track of your hours worked and breaks taken to ensure you’re receiving proper rest periods.

• Common Reasons for Violation: Employers may push workers to skip breaks during busy periods or may fail to recognize the need for rest breaks in certain work environments. Be aware of your right to these breaks, especially if your work schedule exceeds the state’s threshold for breaks.

5. Improper Deductions from Wages

Employers are not allowed to make deductions from employees’ wages unless those deductions are legal, such as for taxes or other mandatory withholdings. Sometimes, employers deduct wages for reasons not allowed under the law, such as for uniforms, equipment, or mistakes in cash handling.

• How to Spot It: Review your pay stub carefully for any unauthorized deductions. Employers should only deduct money from your wages for items that are legally permissible. If you believe the deduction is not justified, it’s worth investigating further.

• Common Reasons for Violation: Employers may try to deduct expenses related to uniforms, tools, or other business-related items without offering reimbursement, which can result in a violation if it reduces your earnings below the minimum wage.

6. Failure to Pay for Travel Time

For some workers, travel time to and from job sites is considered work time under wage and hour laws. If you are required to travel for work or work between locations, your employer must compensate you for that time, especially if it falls outside of regular working hours.

• How to Spot It: If your work requires travel and you’re not compensated for the time spent traveling, this could be a violation. Make sure to track the time you spend traveling and compare it to your paychecks to see if you’re being compensated correctly.

• Common Reasons for Violation: Employers may argue that travel time is personal time or that workers are not entitled to compensation for travel. However, federal and state laws often mandate pay for certain travel time during the workday.

7. Wage Theft or Non-Payment of Wages

Wage theft occurs when an employer intentionally fails to pay employees for all the hours they’ve worked, such as not paying for overtime or not paying for all hours worked during a pay period. This is a serious violation of wage and hour laws and is considered illegal.

• How to Spot It: If you’re not being paid for all of your hours worked, or if your paychecks don’t reflect the hours you’ve logged, you may be experiencing wage theft. Make sure to track your work hours and compare them to the pay received.

• Common Reasons for Violation: Employers may fail to pay employees by mistake, or they may intentionally withhold pay in an effort to cut costs. Employees should keep a record of their hours worked to identify discrepancies and address issues promptly.

8. Wage and Hour Sexual Harassment Attorney

If you believe you’ve experienced any of the above violations, especially in conjunction with discrimination, retaliation, or harassment, it’s crucial to consult with a Wage and Hour Sexual Harassment Attorney. These attorneys specialize in cases where wage and hour violations are accompanied by sexual harassment, discrimination, or other workplace misconduct.

An attorney can help you understand your legal rights, provide guidance on how to report violations, and assist with recovering unpaid wages or addressing any other violations of employment law.

Understanding wage and hour laws is essential for workers to ensure they are being fairly compensated and treated in the workplace. By knowing how to spot common violations like failure to pay minimum wage, overtime, or provide required breaks, you can advocate for your rights. If you believe you are facing wage violations or harassment, it’s important to consult with a professional to protect your interests and hold employers accountable.

Whether you’re dealing with wage theft, overtime violations, or discrimination, taking action and seeking the help of a Wage and Hour Sexual Harassment Attorney can ensure that your rights are protected and that you receive the compensation you deserve.