Lost or Unfair Wages Practices?
Some of the common unfair wage practices includes, but not limited to misclassified exempt, misclassified as independent contractor, failing to pay minimum wages, tip pooling, not paying for hours worked, etc.
Misclassified Exempt
Misclassified is when the employer makes an employee a salaried
position while forcing them to work overtime. This is a common practice as employer
try to find ways to cut cost. Employees are the biggest cost in any company,
typically.
Misclassified as Independent Contractor
Misclassification of independent contractor is basically when
an employer supervises the contractor as an employee. One of the major
differences is an employee is more supervised by the employer. An independent
contractor usually is someone who brings their own materials and make their own
hours. The focus of a contractor is to complete the project they were hired to
do.
Failing to Pay Minimum Wage
You’ll be surprised to find out that many employers don’t pay
the minimum wage. You have federal minimum wage and state minimum wage. Which
ever one is higher, that’s the amount the employer is to pay.
Pooling Tip Monies with Non-Tip Employees
One common practice that you see in the service industry is
that restaurants will pay non-tip employees with tip employees’ money. What
basically happens is a tipping employee gets a smaller dollar amount per hour. In
turn, the tip-employee gets to make tips. But sometimes employees who aren’t
hired as tip employees get pooled in with tip employees. This practice is not
only illegal but unethical.
Employers don’t Pay Employees for Time Worked
Another common practice that employers do is that they pay for
hours that the company feels the employee works. Meaning, employer don’t consider
turning on computers, cleaning work area, etc. as part of working. However,
federal law states otherwise. I know this is small, but employers do it.
Retaliation for Following Wage Lawsuit?
Can a company retaliate against you after you file a wage
lawsuit? Yes, but it IS ILLEGAL! Call a local Lawyer Ronnie Rice 205-222-9815 or
email me at Ronnie@GetRiceNow.com
What Kind of Recoveries should You Expect?
Yes, you can recover on wage dispute case. The amounts can
exceed millions. Also, you have different types of claims as well. So, depending
on the claim, you can recover a lot, including backpay.
Takeaways:
There are several ways that organizations expose themselves in
regard to unfair or lost wages. These are just a few.
~ Attorney Ronnie O’Brien Rice, Ph.D.
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