What Should Employees Do If They Suspect Wage Violations in Their Workplace? 

Ensuring fair compensation is not just a fundamental right but also the foundation of a respectful and equitable workplace. When employees dedicate their time and effort, they are entitled to every dollar they earn. Unfortunately, wage violations remain a persistent issue in many workplaces, leaving hardworking individuals underpaid or not paid at all. If you suspect that your employer is failing to meet their legal obligations, take action with experienced employment law advocates. Miller Shah is committed to helping employees understand their rights and recover any unpaid wages they are owed.

Understand Your Employer’s Obligations

When seeking to protect and assert your rights as an employee, the first and most important step is to know what your employer is required to provide under the law. Federal, state, and local wage laws dictate minimum compensation, overtime pay, and proper classification of workers. For example:

• Minimum Wage: Employers must pay at least the minimum wage set by federal, state, or local regulations. If tipped employees do not earn enough in tips to meet minimum wage standards, employers must compensate for the shortfall. 
• Overtime Pay: Workers who work more than 40 hours in a workweek are generally entitled to overtime pay, unless they are classified as exempt from overtime under the Fair Labor Standards Act (FLSA). 
• Contractual Obligations: Salaried employees should ensure they are receiving their agreed-upon pay, including bonuses and commissions, as outlined in their employment contracts or agreements.

Review your employment contract, pay stubs, and any workplace policies to confirm that your compensation adheres to these laws and standards. 

Know Your Rights Under Wage and Hour Laws

Employees are protected by various laws designed to prevent wage theft and ensure fair treatment. Some essential laws include:

• Fair Labor Standards Act: Establishes federal minimum wage, overtime provisions, and regulations for employee classifications (e.g., exempt or non-exempt). 
• State and Local Laws: Many states and municipalities enforce higher minimum wages and stricter penalties for wage violations than federal standards. 
• Equal Pay Act (EPA): Ensures employees performing similar work receive equal pay, regardless of gender, barring justifiable differences in experience or qualifications.

Keep Detailed Records of Your Hours and Wages

Accurate documentation is essential when addressing wage violations. Even if your employer provides timekeeping tools, keep independent records of your own to ensure accuracy. Make a note of:

• Start and end times for shifts 
• Any breaks, including whether the breaks were paid or unpaid 
• Overtime hours worked, if applicable 
• Pay and tips received, as well as deductions from your paycheck 

Identify  Wage Theft Practices

Wage theft can take many forms. Recognizing when a violation has occurred is critical to addressing the issue and securing redress. Common practices employers use to underpay employees include:

• Misclassifying workers as exempt or independent contractors to avoid paying overtime or other benefits 
• Withholding tips or failing to meet minimum wage requirements for tipped employees 
• Denying pay for preparatory or concluding tasks performed off the clock 
• Manipulating time records to avoid reporting overtime hours 
• Imposing unlawful penalties or deductions from wages

Speak to an Employment Attorney

When facing wage violations, consulting an experienced labor and employment attorney is an invaluable step. A knowledgeable legal professional can review your situation to determine the strengths and weaknesses of your case. Furthermore, your attorney will help gather evidence, such as pay records and employment agreements, to bolster your claim. At Miller Shah, we make sure clients understand every step of the process, working together to develop tailored legal strategies calculated to achieve success.

Take Action Today

No one should tolerate wage theft or unfair treatment in the workplace. If you suspect your employer has violated wage and hour laws, the attorneys at Miller Shah may be able to help. Contact us today for a consultation.