Wage Violations Involving Overtime Pay
The introductory step to deducing exemption is to look at whether the worker is unsalaried or salaried. Most hourly employees are allowed overtime rates for time labored more than 40+ hours. Similarly, any employee salaried or not who earns slighter than $400 per week will be allowed overtime rates. If an income is above this limit, there is a further tricky calculation that must occur.
The following are the main overtime privileges applied by employers:
- Executive employees, encompassing management and directors.
- Administrative workers who furnish assistance for business operations or management.
- Skilled employees whose work requires developed knowledge or education or pertains to particular talent in a cultural or creative endeavor.
- Computer breadwinners who immerse in the improvement and undertaking of computer systems or programs.
Nonetheless, having a specific job title is not sufficient to make a worker exempt from overtime pay and the actual job obligations must line up with the job title for immunity to being appropriate and lawful. Many employers wrongly classify employees as exempt when their job responsibilities do not fit under any exemption and, accordingly, unlawfully deprive them of overtime pay.
Other Common Wage Violations
Not each earnings violation case centers around overtime pay. Here are additional brief descriptions of other ways that employee may be withheld their rightful wages:
- Independent contractor misclassification-
Nationwide and state wage laws as said by wage and hour attorney only correlate to individuals who are classified as workers, leaving independent contractors unprotected by even the lowest wage requirements.
- Miscalculation of number of hours worked-
Some corporations may expect a worker to spend time setting up for work or cleaning up after work. The legislation requires that a worker be paid for this time and all too often, a corporation will wrongfully eliminate this time from time cards and pay calculations.
- Outlawed Deductions-
The law sets out what type of wage deductions an employer can and cannot legally apply. If an employer takes out wrongful deductions, it can frequently cause an employee’s pay to fall below minimum wage, resulting in wage violations.
- Travel Time and Return of Travel Expenses-
Employers must reimburse their employees for non-commute time spent traveling to and from work appointments. Workers who use their automobiles for non-commute work travel must be paid back for all travel expenses, including mileage and tolls.