Employment laws can vary from state to state, but knowing what your legal rights are in the workplace can help you determine if your employer is violating the Fair Labor Standards Act.
From overtime to vacation pay to bonuses, employers are known for violating certain employment laws. Here are eight of the most common workplace violations.
Unpaid Vacation Time
The Fair Labor Standards Act (FLSA) states that if an employer does provide vacation time, the time accrued should be part of the compensation you receive. If you were fired or quit, youre entitled to the vacation time you accrued, per company policy.
“Use it or Lose” it Vacation Time
Use it or lose it vacation policies are illegal in some states, including California. In 2013, a California court declared one company’s policy illegal and claimed that the policy violated the California Labor Code.
Failing to Pay Commission or Bonuses
Although commission and bonuses are not regulated by the FLSA, if you and your employer came to an agreement about such compensation, you are entitled to receive the commission or bonus promised depending on your states laws.
Unpaid or Improperly Calculated Overtime
Under the FLSA, overtime pay rules are based on a standard 40-hour work week. Employees who work over 40 hours must be paid at a rate of one and one-half times their regular hourly rate. Make sure you are keeping track of the hours you have worked and that your employer is following the federal overtime guidelines.
False Reporting
When non-exempt employees work overtime, some employers will look the other way or will not allow the hours to be reported. If an employer does not allow you to report overtime or fails to pay you for these hours, their actions do not comply with the FLSA.
Violating Federal Minimum Wage Standards
As of July 2009, the federal minimum wage is $7.25 per hour. Some exceptions, however, include student workers and disabled workers who may be paid at a lower rate. Young workers may also be paid less during their first 90 days of employment. Additionally, workers who receive tips on the job may be paid a minimum rate of $2.13 per hour.
Offering Comp Time Instead of Overtime Pay
In some cases, an employer may opt to provide an employee with comp time instead of overtime pay. Comp time is basically paid time off; however, employers are the ones benefiting from this because if they paid you overtime then they would be required to pay you time and a half.
If you suspect that your employer is violating the Fair Labor Standards Act, the employment law attorneys at Phillips Law Group can help you. Contact us today by filling out the Free Case Review form on this page.
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