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<<Get Paid For All the Hours You Work <<Back to 3 |
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For example, if you voluntarily continue to work at the end of your shift, you must be paid for that time. And it doesn't matter why you stay and work after your shift has ended. Your employer must pay you for the hours you work if your employer knows or has reason to believe that you are continuing to work. What's more, this rule applies to work you perform away from the employer's premises or job site — even to work you perform at home. 4. Your employer deducts from your paycheck work-related items that reduce your pay to less than minimum wage. Some employers deduct work-related items and expenses from your paycheck, such as cash or merchandise shortages, employer-required uniforms, and tools of the trade. The law says your employer cannot deduct these things from your wages if the deductions result in your receiving less than minimum wage or less than the amount of overtime pay you are due.
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Damages: Real Case Histories Show How Much Money Employees Got When They Went To Court The damages that an employer can face for violating minimum wage or overtime wage laws can be severe. Under the FLSA an employer who wilfully violates any of the law's provisions faces a fine of up to $10,000 per violation and/or imprisonment for up to six months. In addition, the employer can be liable to the employee for two times the amount of the unpaid minimum wages or overtime compensation, plus court costs and lawyers' fees. The U.S. Department of Labor is the federal agency that watches to make sure employers comply with the FLSA and other labor-related regulations. Here is an overview of a few actual cases brought against New England employers. The results show how severe damages can be for companies that violate the FLSA. East Hartford, CT: Three related drywall companies were ordered to pay 35 employees $57,600 in back wages and $14,000 in liquidated damages to resolve legal actions taken against them by the U.S. Department of Labor. The employers failed to pay employees proper overtime wages and failed to maintain adequate and accurate payroll records. Johnston, RI: Three related asbestos removal contractors and their principal officer were ordered to pay 70 employees $45,000 in back wages, $15,000 in liquidated damages plus interest, and $15,000 in penalties to resolve legal actions taken against them by the U.S.Department of Labor. The contractors failed to pay proper overtime wages and failed to maintain adequate and accurate payroll records. Brighton, MA: A towing company was ordered to pay 47 employees $52,000 in back wages for failing to pay proper minimum wages and overtime wages and for failing to maintain adequate payroll records. West Haven, CT: An asbestos and lead removal contractor was ordered to pay 46 employees $20,000 in back wages for failing to pay overtime wages and failing to maintain adequate payroll records. Stamford, CT: A real estate company that manages apartment complexes and shopping centers was ordered to pay 17 maintenance employees $27,805 in back wages as the result of a court order issued by the U.S. District Court for Connecticut. Waltham, MA: A health and racquet club was ordered to pay 63 employees $50,650 in back wages as the result of a judgment issued by the U.S. District Court for the District of Massachusetts. The club failed to pay overtime wages to clerical staff and cleaners, and failed to pay overtime to some salaried workers it improperly classified as "exempt" employees. For Your Own Protection! As you can see, the ever-changing federal and state minimum wage and overtime laws are troublesome and complex. They can confuse employers and employees — and even some lawyers. Please don't try to figure out these laws on your own. If you have a question, problem or concern, I'll be glad to speak with you without cost or obligation of any kind. You can call me toll free at 1-877-892-5620, Ext. 111. Or send an e-mail to agarcia@phillipsgarcia.com. Andrew J. Garcia
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