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Five Wage and Hour Violations That May Surprise You

Written by Stephanie Fortune

Hi, My name is Stephanie! I am passionate about helping small and medium-sized businesses empower themselves and their employees while working to achieve their strategic goals! By reviewing your unique business needs, we implement Payroll, Insurance, and HR solutions that are right for you!

March 14, 2023

Are you paying your employees what they deserve? Do you know underpaying or illegal deduction is a violation of the Wage law?

Employers often commit wage and hour violations knowingly or unknowingly. However, this can drag them into legal hazards if reported with proof. As a reputed business organization, you should abide by the Labor Wage regulations to maintain a healthy and protected work environment. Read this blog to know about a few common wage and hour violations you must watch out for!

Top 5 Wage and Hour Violations That You Must Look Out For

As a responsible employer, you should take care of your employee’s wages and benefits. So, here are the top 5 things you must stop doing to maintain the Labor Wage regulations:

Illegal Payroll Deductions

Some employers often deduct wages in multiple illegal ways. In most cases, employers deduct money to compensate for damages that are not associated with employees. These may include shortages in the cash register, property damages at the workplace, the value of tools, etc. Moreover, some also deduct the employment uniform’s price from their employee’s wages. 

Here, employers must set up laws to discuss the deduction parameters with their employees before deducting their wages. For instance, an employee has worked overtime and is eligible for an overtime bonus. In that case, if you want to deduct any part of his wage, you may have to ask for permission.

Misclassification of Employees

As per the law, employees of the company will receive added benefits, overtime payment, and much more. However, in recent years the number of independent contractors in a business organization has increased. Generally, these contractors do not receive equal facilities as the employees of the company. 

Some employers misclassify their employees as independent contractors to avoid paying benefits. If your company is following any such practices refrain from that as it is considered a violation of the law.

Not Paying Minimum Wages

As per the Federal Government, the minimum hourly wage in America is around $7.25. However, some states consider paying a higher rate showing compliance to their employees. On the other hand, some employers violate this law and refrain from paying minimum wages to their employees. This can be seen prevalently in the case of tipped employees. 

As per the Labor Standards Act, if a worker earns a tip above $30 each month, his minimum hourly cash wage will be $2.13. If any such practices are being followed in your company, stop them immediately. Generally, no employer can deduct more than $5.12 from the wage of a tipped employee. 

Underpaying the Employees

Another way of wage violation is not paying the workers per their work. In such cases, employees are working more and earning less. Some employers do not pay the employees for the extra work they do even after their shift ends. 

Other instances include not paying the employees for the prep work they are doing before their shift starts. Some employers also avoid paying their employees for side work and travel for work purposes. However, these are strict violations of the law and a responsible employer should avoid such practices to maintain his company’s reputation. 

Not Paying Reporting Pay

Employees reporting to the office during their shift are eligible for reporting pay irrespective of whether they worked for the day or not. However, some state laws do not include this. This is applicable in case of work interruption due to Acts of God, Government instructions for closure, or an employer closing the shift due to insufficient work. However, if the employee is leaving early due to personal reasons, employers may not compensate him with reporting pay. 

Bottom Line

If you are running an organization and providing employment to several workers, you should maintain the wage and hour regulations strictly. It will keep your employees satisfied with their deserved wages and also mark your company’s goodwill. If you need expert advice and suggestions regarding the wage laws, you can contact us. Moreover, you can read our blog section to get a detailed overview of these violations and ways to stop them.

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