In an ideal world, employees would receive their wages on time, based on the amount of work they provided. Should someone stay after hours, they would receive compensation for their extra work. The problem is that not every employer shares that sense of fairness, either delaying the payments or not paying for the extra hours as well.
As a result, the top ten settlements of 2021 capped at $641.3 million. This is a significant increase from the $294.6 capped in 2020. Considering these numbers, it is expected that these cases will increase even more in the next few years. If you are one of those people, you will likely need a wage and hour attorney.
What Is a Wage and Hour Attorney?
A wage and hour attorney is someone that helps you with your wage and hour matters, regulating wage claims. They can be helpful for both employees that did not receive their money on time or employers that were wrongfully accused of being unfair.
Such a layer will offer guidance for the claim of their clients, taking their case to the authorities and ensuring they receive justice. Once it has been discovered that a violation did occur, they will go through records and set payroll rules. This will ensure that the violation does not occur again and that the client receives compensation.
When Should You Talk With a Wage and Hour Attorney?
There are several instances in which you may want to take matters with a wage and hour attorney. These include:
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When the Employee is Wrongfully Exempt of the Minimum Wage
Each country, state, or city may have its own minimum wage. In California, for instance, the minimum wage is $15.50 per hour. Receiving less than that amount from your employee may suggest a violation of your rights as a resident of California.
In that case, you may want to discuss it with a California wage and hour violations attorney. They will know the legislation and will be able to determine whether or not your rights are being ignored. They can also get access to the paperwork and records, ensuring that the violation is proven.
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When the Employee Is Not Paid for Overtime
According to surveys, the average worker in North America does around 9 hours of overtime, none of which are paid. Considering the average hourly payment, this is $17,726 worth of stolen income. If the employer does not pay for overtime work, then you are entitled to hire an hour and wage attorney.
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When the Employee Does Not Receive Promised Bonuses and Commissions
Depending on the type of work involved and the contract that was drawn, an employee may be entitled to receive commissions or bonuses for their work. Should the employee fail to make the appropriate payments, the worker is entitled to seek the help of a wage and hour attorney.
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When the Employee Has to Pay for Work-Related Expenses
Depending on the job involved, some workers may need to pay for work-related expenses. For example, they may need to buy supplies required for everyday use, or they may need to pay for gas, lodging, or plane tickets. If the employee refuses to reimburse these work expenses, then they may have the right to seek the help of an attorney.
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When the Employee is Wrongly Classified for their Role
Employees may give their workers a role, setting a specific fee they will receive for their duties. Sometimes, however, the responsibilities and workload may shift (i.e. if a co-worker leaves and their duties are transferred to you. If your workload and responsibilities are significantly higher but your payment has not changed to accommodate it, you may be entitled to seek a lawyer.
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When the Employee is Not Paid for Accrued or Untaken Vacation Days
In certain circumstances, due to a high workload or other reasons, an employee may not be able to take all of their vacation days. In this case, they will need to either be able to take them later on or receive payment for them. If the employer refuses to pay for untaken or accrued vacation days, depending on the state law, they may file a lawsuit to receive compensation.
The Bottom Line
When your payment is unfair, a wage and hour attorney may help you receive the compensation that you are due. Make sure you gather as much data as possible, such as your bank statements and clocking records. If a violation is evident, an attorney can help you obtain justice.
