Wage and Hour Claims
Workers are often given a certain wage that may be salary based or at an hourly rate. For those that work on an hourly rate system, it is often necessary to check in and out during the hours of work, or you may be given a certain number of hours and are not expected to do anything but this amount of time. Not all jobs are clear cut and sometimes the times that an employee may work can change. There may be the need for overtime and they are left to come in for a longer period of time. Many disputes can arise when it comes to receiving paychecks and workers may not be given the financial reimbursement that is owed to them.
Why do disputes occur?
Employees and employers can have a difference of opinion in what a person is expected to be compensated for. Sometimes it is the result of a lack of communication. The worker may have believed they were getting more time when their boss did not specify this was not the case. Overtime may have also been worked and instead of getting additional pay for this, the worker is only given the standard rate. There is a minimum rate that is set and everyone is to be paid at this level or above. If this is not met, action can and should be taken since it is an example of a boss that is looking to take advantage of their employees. They know what the minimum is and that they are obligated to follow it. Wages may be given at the wrong amount additionally if there are disputes over lunch and other breaks. Under certain conditions, workers are legally obligated breaks and a time for a meal. With the different hours and standards, it can be easy for a difference of opinion but you should not have to deal with a reduced pay because of it. Employee misclassification can also be a problem and this takes place when the employee attempts to change the title or view of the worker to a position that is salary instead of hourly.
Claims for Compensation
If you have tried to clear up the issue with your employer already, then it may be time to take further action. The Best Evidence rule can be applied and this will be in regards to which side of the case has the best piece of evidence about what the terms for wage and hours were. There are regulations for these matters at both the state and federal level. Under the Fair Labor Standards Act, there are certain regulations that must be adhered to when it comes to paying employees. This act implemented the hours that can be worked in a standard work week before it is necessary to be paid time and a half. Not only may the owner of a company deal with the need to compensate the employee if it is found that they failed to, there can be further ramifications they will face.
Contact Jackson Allen & Williams, LLP
When you are not being paid the amount you worked for or are being compensated for less than the correct amount of hours, seek the legal aid of a professional. At Jackson Allen & Williams, LLP, a skilled attorney can review the details of your case, get back to you with important information advice and can carry your claim through to completion. There are laws protecting you and the team at the firm will fight to defend your rights. Whether you have not been paid overtime, you were not given lunch breaks or you have been paid below the minimum wage mark, you may be owed and Jackson Allen & Williams, LLP will seek the solution.