July 28, 2015

Employment News Independent Contractor Misclassification Unpaid Overtime Claims Wage Deductions Wage Theft

Top 3 Wage and Hour Violations: Is Your Employer Liable?

Minnesota and federal wage and hour laws regulate overtime, minimum wage, pay deductions, and classification of employees. Regardless of the size of the company or the industry, all employers must comply with wage and hour laws. Violations could result in significant payouts to employees and classes of employees.

Minnesota and federal wage and hour laws regulate overtime, minimum wage, pay deductions, and classification of employees. Regardless of the size of the company or the industry, all employers must comply with wage and hour laws. Violations could result in significant payouts to employees and classes of employees. In the event of a wage and hour violation, employers may be held liable for unpaid wages, legal fees, interest, and other fines. 

Have you suffered from a wage and hour violation? Unfortunately, many employees are unaware of their rights and have been unfairly or illegally compensated. These are the top 3 wage and hour claims in Minnesota:

Unpaid overtime: Non-exempt versus exempt employee status can impact your rights to overtime under the Federal Labor Standards Act (FSLA). Many employers will wrongfully misclassify an employee to avoid paying overtime. While exempt employees are paid a salary and not eligible for overtime, non-exempt employees are paid hourly and entitled to overtime compensation.

Unauthorized deductions or dock from your pay: Many employees have wages deducted for cash shortages, time off, company purchases, and other losses. Any pay dock should raise a red flag. Any deductions must be made in compliance with the law and employers must have your voluntary written authorization to make deductions beyond standard taxes.

Classification of independent contractor vs. employee: Workers may be classified as independent contractors or employees, but many employers will wrongfully misclassify employees as independent contractors in order to evade legal responsibilities, including workers’ compensation insurance and taxes. If you have been classified as an independent contractor, not an employee, it is important to know your rights. You may have been misclassified if a company has control over your pay, work, schedule, and how you perform your duties.

Minnesota and federal law clearly outline an employer’s responsibilities when it comes to wage and hour compliance. Ignorance of the law is no defense, but it is up to individual employees to ensure that they are being fairly compensated. The experienced employment attorneys at Wanta Thome PLC will take the time to review the facts of your case and can protect your rights in any wage and hour dispute. Contact us at 612-252-3570 and speak directly to a wage and hour lawyer.